Utah Supreme Court

Can past abuse justify present force in defense of a third person? State v. Berriel Explained

2013 UT 19
No. 20110926
April 5, 2013
Affirmed

Summary

Darren Berriel stabbed Luis after receiving a call from Rachel, Luis’s girlfriend, saying Luis was hurting her. When Berriel arrived at the scene, Rachel was standing fifteen feet away and not in immediate danger. The district court refused to instruct the jury on defense of a third person, and the court of appeals affirmed.

Analysis

Background and Facts

In State v. Berriel, Darren Berriel received a frantic phone call from Rachel, who was crying and screaming that her boyfriend Luis “had been hurting [her]” and asking for help. Berriel and friends immediately drove to Rachel’s house. When Luis and Rachel returned to the residence with Rachel’s brother, Berriel approached Luis in the street and stabbed him with a knife, causing a laceration requiring stitches. At the time of the stabbing, Rachel stood at least fifteen feet away and was not involved in any altercation.

Key Legal Issues

The central issue was whether the district court erred in refusing to instruct the jury on defense of a third person under Utah Code section 76-2-402. This statute justifies force when a person reasonably believes it is necessary to defend against another’s imminent use of unlawful force. Berriel argued that three pieces of evidence supported his theory: Rachel’s call for help, her continued presence with Luis, and Luis’s history of violence toward Rachel.

Court’s Analysis and Holding

The Utah Supreme Court affirmed, emphasizing the statutory requirements of imminence and necessity. While Rachel’s phone call suggested danger at the time of the call, when Berriel encountered the couple, there was no evidence of immediate threat. Rachel and Luis “did not appear even to be arguing,” Luis had not threatened or approached Rachel, and Rachel remained fifteen feet from the confrontation. The court distinguished between justified defensive force and impermissible “retribution or vigilantism,” noting that a history of abuse cannot create a “continuing license to attack” without present imminent danger.

Practice Implications

This decision clarifies that defense of a third person instructions require evidence of imminent danger at the precise moment force is used. Past abuse, threats of future violence, or general patterns of domestic violence, while relevant under section 76-2-402(5), are insufficient alone to establish the imminence requirement. Practitioners seeking such instructions must demonstrate that the protected person faced immediate, present danger when the defendant acted.

Original Opinion

Link to Original Case

Case Details

Case Name

State v. Berriel

Citation

2013 UT 19

Court

Utah Supreme Court

Case Number

No. 20110926

Date Decided

April 5, 2013

Outcome

Affirmed

Holding

A defendant is not entitled to a jury instruction on defense of a third person when the evidence shows no imminent danger to the third person at the time of the defendant’s use of force.

Standard of Review

Abuse of discretion for district court’s refusal to give jury instruction, with correctness review on certiorari from court of appeals

Practice Tip

When seeking a jury instruction on defense of a third person, ensure the evidence shows imminent danger to the protected person at the precise moment force was used, not just a history of past abuse or general threat.

Need Appellate Counsel?

Lotus Appellate Law handles appeals before the Utah Court of Appeals, Utah Supreme Court, California Court of Appeal, and the United States Court of Appeals for the Tenth Circuit.

Related Court Opinions

    • Utah Supreme Court

    McBride v. Motor Vehicle Division

    January 29, 1999

    The Utah State Tax Commission must apply an objective reasonable person standard when determining whether personalized license plates contain prohibited connotations under its administrative rules.
    • Administrative Appeals
    • |
    • Standard of Review
    • |
    • Statutory Interpretation
    Read More
    • Utah Supreme Court

    Utah State Tax Commission v. Stevenson

    December 15, 2006

    A responsible party does not prefer a creditor over the state when making a transfer to a creditor whose interest is superior to that of the state, and the state’s superpriority tax lien for delinquent withholding taxes arises at the time of assessment, not at the moment delinquency begins.
    • Standard of Review
    • |
    • Statutory Interpretation
    • |
    • Tax Law
    Read More
About these Decision Summaries

Lotus Appellate Law publishes these summaries to keep practitioners informed — not as legal advice. Each case turns on its own facts. If a decision here is relevant to your matter, we’re happy to discuss it.