Defendant argues the trial court erred in refusing to submit one of two verdict directing instructions which he tendered to submit the included offense of involuntary manslaughter. He contends his statements on the video would support a finding that he recklessly caused the death of Holmes. We do not have the video. During his live testimony defendant described the assault, which included an oral threat by Holmes, and movement of Holmes' hand which defendant concluded was an attempted robbery with a weapon. Defendant used his gun believing it was necessary to protect himself.
Involuntary manslaughter is a lesser-included offense of first degree murder.
A defendant is entitled to a requested instruction which is supported by the evidence and any inferences which logically flow from the evidence. Upon review, we view the evidence in the light most favorable to the defendant. We originally rejected defendant's argument and affirmed the conviction and sentence. The Supreme Court ordered a transfer of this case. Accordingly, we reverse and remand for a new trial.