Brian R. John F. The matter before the court is Petitioner Brian R. Sillick's "Sillick" Objections docket no. Jarvey's Report and Recommendation docket no. Sillick does not dispute Chief Magistrate Judge Jarvey's summary of the relevant procedural background surrounding this case. For convenience, the court will restate this case's procedural background. Sillick's jury trial commenced January 30, Wilson got a donut for Lindsey.
As she sat and ate her donut, Lindsey listened to Sillick and Wilson. Sillick yelled at Wilson and Wilson cried. Lindsey watched as Sillick went into a bedroom, returned with a sawed-off shotgun, and shot Wilson.
Lindsey testified that, before Sillick shot her mother, she heard Wilson say, "Don't do this in front of my kids. Lindsey watched as Sillick, still holding the shotgun, retrieved his keys from the television room and "drove off. I want to give myself up. The case was defended on the theory that Sillick, due to his extensive use of cocaine and consumption of alcohol, did not have the requisite intent to kill Wilson in order to be convicted of first-degree murder.
Sillick asserted through evidence and testimony, not his own, that he had a history of depression and drug and alcohol abuse, had sought treatment for drug and alcohol abuse, had been using cocaine for several days prior to shooting Wilson and had been drinking beer on the morning of the crime.
A defense expert testified that, during an interview with Sillick concerning the time prior to shooting Wilson, Sillick relayed that he had not slept for four days, had been hearing voices and had hallucinated through the morning of the shooting and had experienced paranoia and panic.
