Blackington
People v. Blackington
Opinion
Opinion
Wiener, J.
Defendant Leland Eugene Blackington appeals from a judgment of conviction entered after a jury found him guilty of second degree murder (Pen. Code, §§ 187, 189) by use of a firearm (§ 12022.5). We reverse.
Factual and Procedural Background
The basic facts surrounding the incident giving rise to these charges were not disputed at trial. What was at issue was the motivations of the parties, particularly Blackington, and certain facts which tended to shed light on those motivations.
Beverly Humphreys was divorced from Blackington in 1981. She was awarded custody of their two children, Amber, age 10, and Chad, age 8.
In 1981, Blackington did not return Chad after a scheduled visitation and fled with the boy to North Carolina. Beverly was forced to go to North Carolina with her then-boyfriend, Eric Humphreys, to institute court proceedings which resulted in Chad’s return to San Diego with Beverly in August of 1981. Between that time and the date of the incident in question— November of 1983—Blackington’s contacts with his ex-wife and children consisted of a single phone call. Beverly and Eric Humphreys were married in 1982.