Argued: February 4, 2019
Heather Nadeau, Esq. (orally), The Law Office of Tina Heather
Nadeau, PLLC, Portland, for appellant Robert Hansley
T. Mills, Attorney General, and Donald W. Macomber, Asst.
Atty. Gen. (orally), Office of the Attorney General, Augusta,
for appellee State of Maine
SAUFLEY, C.J., AND ALEXANDER, MEAD, GORMAN, JABAR, HJELM, AND
Robert Hansley appeals from a judgment of conviction of
murder, 17-A M.R.S. § 201(1)(A) (2018), and of elevated
aggravated assault with a firearm (Class A), 17-A M.R.S.
§ 208-B(1)(A) (2018), entered by the trial court
(Penobscot County, Anderson, J.) following a jury
trial. Hansley argues that there is insufficient evidence to
support his convictions and that the trial court erred by (1)
denying his requested jury instruction on eyewitness
identification and otherwise giving an inadequate instruction
on the topic, and (2) instructing the jury in a way that
overemphasized the definition of accomplice
liability. We affirm.
FACTS AND PROCEDURE
"Viewed in the light most favorable to the jury's
verdict, the jury rationally could have found the following
facts, which are supported by competent evidence, beyond a
reasonable doubt." State v. McBreairty, 2016 ME
61, ¶ 2, 137 A.3d 1012.
At approximately 3:30 a.m. on November 27, 2015, Hansley and
Thomas Ferguson entered an apartment in Bangor. Almost
immediately after they arrived, one or both of them shot and
killed Robert Kennedy and gravely injured Barry Jenkins.
Kennedy suffered seven gunshot wounds; one bullet perforated
his aorta, killing him. Jenkins suffered six gunshot wounds,
but survived after being rushed to the hospital.
On December 30, 2015, the Penobscot County grand jury
returned two indictments arising from these events. The first
indictment charged Hansley with one count of murder, 17-A
M.R.S. § 201(1)(A), and one count of elevated aggravated
assault (Class A), 17-A M.R.S. § 208-B(1)(A). The second
indictment charged Ferguson with the same
crimes. Hansley pleaded not guilty to both
The court conducted a seven-day jury trial in November and
December of 2017. Jenkins was among the witnesses called by
the State. He testified that both Hansley and Ferguson had
"pulled out" guns, that he "figured both of
them [were] shooting," but that he did not know
"who shot who," and that he did not see Hansley
shoot at him. At the conclusion of the testimonial portion of
the trial, Hansley asked that the jurors be given a specific
instruction on eyewitness identification so that they could
appropriately weigh and consider Jenkins's testimony in
light of the "extremely high stress situation" of
the shooting. Although the court did not give the jury the
precise instruction requested by Hansley, it did instruct the
jurors that, in reviewing the testimony of all witnesses,
they should consider-among other things-"whether the
witness was under stress, including the stress of the event
being witnessed while observing the person or persons
committing a crime"
Hansley also argued that the evidence presented at trial did
not generate an instruction on accomplice liability. When the
court correctly responded that such an instruction
had been generated by the evidence presented,
Hansley then asked for some additional instructions on that
issue. Although the court denied Hansley's
specifically-requested instruction, it did instruct the
jurors on the law concerning accomplice liability.
The jury found Hansley guilty of both murder and elevated
aggravated assault. The court entered a judgment on the
verdict, imposing a forty-year term of imprisonment for the
murder and a concurrent twenty-five-year term for the
elevated aggravated assault. Hansley ...