Assume at trial some jurors believe Ken's claims about his intent to only hurt, not kill, Fred, what crimes could Ken be convicted?

Question

Ken and Fred hated each other. They were next door neighbors who always had an unkind word to say to one another after Ken called the animal control board to complain that Fred's dog was left out all night and barked incessantly. Fred had to get rid of his dog. One day the two were cutting their hedges that spread out along the boundary of their property. As Ken was at one end of the hedges, Fred began to taunt Ken with comments about Ken's diminished manhood. Fred said to Ken, "I hear your wife was at the local tavern looking to score some real action. Word around town is that you're too small to fulfill her needs," at which point Ken took his hedge trimmers, which looked like large scissors, and said "I'm not going to kill you, only hurt you" before he stuck the trimmers in Fred's leg. Fred later died.
What will be an ideal response?

Answer 1

ANSWER: Answers may vary: The question is designed to test student knowledge on heat of passion provocation that would be sufficient to reduce a murder charge to manslaughter, the deadly weapon doctrine and second degree murder. First, the hedge trimmers could be construed as a deadly weapon and the jury can infer the specific intent to kill and convict of first-degree murder. The heat of passion provocation is insufficient here as words alone are never enough provocation and insulting Ken's manhood would not provoke a reasonable person to physical violence. If some jurors believed Ken that he only meant to hurt Fred, not kill him, then he could be convicted of second degree murder which is the intent to commit serious bodily harm and a death results – as hedge trimmers to the leg can cause serious bodily injury – or manslaughter if the jury finds that the death was completely unintentional or caused by negligent conduct. But to find negligence, the jurors would have to discount Ken's knowledge of the risk of harm sticking hedge trimmers in Fred's leg would create.