Court to reconsider murder case

Thursday, July 7, 2005 | 10:48 a.m.

CARSON CITY -- The Nevada Supreme Court on Wednesday agreed to reconsider its decision in which it invalidated the first-degree murder conviction of David W. Crawford in the fatal shooting of his girlfriend in Las Vegas.

In September 2004 a three-member panel of the Supreme Court originally granted a new trial to Crawford on grounds of faulty jury instructions.

But the Clark County District Attorney's Office asked the court to take another look at its decision. James Tufteland, chief deputy district attorney, said the court "abandoned its own prior precedent and crafted an entirely new requirement" on jury instructions. He said the trial judge, District Judge Donald Mosley, followed the prior decision of the Supreme Court in giving the jury instruction.

Crawford maintained the 1997 shooting took place in the heat of passion and at most he should be convicted of a lesser charge of manslaughter, not first-degree murder.

Deputy Public Defender Scott Coffee urged the court not to change its mind. He said there were additional prior decisions by the court that buttress the defense's claim that the jury instruction was inadequate regarding the heat of passion defense.

"The defense urges this court, in accordance with its previous decisions ... to require the district courts of this state to specifically instruct juries upon the state's burden of proving the absence of heat of passion beyond a reasonable doubt in future murder cases where the defense of heat of passion has been appropriately raised on evidence presented," wrote Coffee.

The court said all seven justices would reconsider the decision but there would not be any further briefing or oral arguments.

Crawford was sentenced in 2002 to two consecutive life terms with the possibility of parole after 20 years for the fatal shooting of Gloria Dugan in her apartment on Orange Grove Lane in Las Vegas.

Crawford and Dugan were romantically involved while she was engaged to an Air Force member who was serving in Korea. Dugan went to visit another man and when she returned home, Crawford was waiting for her.

He claimed she shot Dugan during the "heat of the moment" because she was lying to him.

A manslaughter conviction carries a penalty of 1-10 years.