P.

FACTS

Defendant was visiting at his girlfriend’s house when he got into a shouting match with Anthony Kightlinger. Kightlinger tried to calm him down, but defendant began yelling that he was going to kill him. Kightlinger invited the much smaller defendant to “settle the matter outside,” but when he heard another person warn that defendant had a knife, he closed the security screen door between him and defendant and

2 held it shut. Sure enough, defendant was at the door with a large carving knife in his hand. Kightlinger thought he heard the knife drop, but defendant got through the door with a knife in his hand and stabbed Kightlinger once in the kidney area, once in the back, and once in the chest. Nonetheless, Kightlinger got the better of defendant and began kicking him. Defendant fled with his girlfriend. They left so precipitously, she never went back to the house where she’d been living – the scene of the altercation – and never picked up her belongings. They were found, two years later, in northern Utah. When contacted by the police, defendant denied ever having been at the crime scene or having taken part in any fight there. He was extradited for trial. At trial, his…