Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Pillsbury

Supreme Court of Maine

May 11, 2017

STATE OF MAINE
v.
JUSTIN G. PILLSBURY

          Argued: April 13, 2017

         Reporter of Decisions

          Stephen C. Smith, Esq., and Caleb J. Gannon, Esq. (orally), Lipman & Katz, PA, Augusta, for appellant Justin Pillsbury

          Janet T. Mills, Attorney General, and Donald W. Macomber, Asst. Atty. Gen. (orally), Office of the Attorney General, Augusta, for appellee State of Maine

          Panel: SAUFLEY C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          ALEXANDER, J.

         [¶1] Justin G. Pillsbury appeals from a judgment of conviction for one count of intentional or knowing or depraved indifference murder, 17-A M.R.S. § 2Ol(1)(A) and (B) (2016), entered by the trial court (Kennebec County, Murphy, J.) following a four-day jury trial. On appeal, Pillsbury argues that the trial court abused its discretion in denying his motion for a new trial. Specifically, he argues that the trial court clearly erred when it found (1) no prosecutorial misconduct and (2) that evidence of prior bad acts was properly admitted. We affirm the judgment.

         I. CASE HISTORY

         [¶2] Viewing the evidence in the light most favorable to the State, the jury could rationally have found the following facts beyond a reasonable doubt.[1] See State v. Morrison, 2016 ME 47, ¶ 2, 135 A.3d 343. The forty-one-year-old defendant, Justin G. Pillsbury, and the twenty-four-year-old victim were dating in the fall of 2013, and had been dating on and off for over two years. In November 2013, Pillsbury was living with a friend in an apartment on Crosby Street in Augusta.

         [¶3] On the evening of November 13, 2013, Pillsbury and the victim were drinking in the Crosby Street apartment. While the two were alone, the victim was texting on her phone, and Pillsbury became jealous and began asking to see the phone. The victim refused to turn over her phone, and Pillsbury, who was a foot taller and 100 pounds heavier, physically took it from her. The phone had a pattern lock on it, and Pillsbury was unable to unlock the phone, which angered him.

         [¶4] In a recorded interview with police detectives following the homicide, Pillsbury stated that the victim grabbed a knife from a butcher's block on the kitchen counter, pointed it at Pillsbury, and demanded her phone back.[2] Pillsbury stated that he attempted to take the knife from the victim and cut his finger in the process. He was ultimately successful in taking the knife from the victim and began stabbing her with it. The victim retreated into the bathroom. Pillsbury followed her into the bathroom where he continued to stab the her in the neck and back.

         [¶5] Realizing what he had done, Pillsbury then took another knife from the butcher block and began stabbing himself in the neck and slashing at his arms. Pillsbury's friend-with whom he had been staying-returned home at some point between 7:30 and 7:45 p.m. and noticed blood on the floor of his apartment. When he asked Pillsbury what happened, Pillsbury stated that the victim was talking to another man on her phone, he blacked out and killed her, and now he was trying to kill himself. The friend went to a neighbor's apartment where the friend and the neighbor each called the police.

         [¶6] Paramedics arrived and transported Pillsbury to an Augusta hospital. During transport, Pillsbury requested that the paramedics let him die because he had killed his girlfriend and was trying to kill himself. An autopsy of the victim revealed twelve stab wounds to her back, head, eye, hand, and neck. These stab wounds were determined to have caused the victim's death.

         [¶7] Two days after Pillsbury was taken to the hospital, he was interviewed by detectives from the Maine State Police.[3] The detectives read Pillsbury the Miranda warnings, and he agreed to answer questions. During his discussion with police, Pillsbury admitted that he stabbed the victim to death because of his insecurities, that he had caused all of the injuries to the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.