“In determining whether a verdict is against the manifest weight of the evidence, the appellate court acts as a ‘thirteenth juror.’” —Sadler, Judge 

Facts: Gregory O. Wilson, who had been arguing earlier in the day with his girlfriend, Melissa Spear, approached a parked car within which Ms. Spear was seated and poured gasoline from a beer bottle over her head. When Ms. Spear exited the car, Wilson ignited her with his cigarette lighter, setting her body on fire. As Ms. Spear became engulfed in flames, Wilson walked away. Ms. Spear was transported to a hospital. When she arrived, she had third-degree burns over most of her body. She remained in a coma for 45 days, during which time she underwent 10 surgeries. She was subsequently transferred to a rehabilitation facility, and then home. Nine months after the incident, and five days before her thirtieth birthday, Ms. Spear’s seven-year-old son found her lying dead in her bed. The state of Ohio brought murder charges against Wilson. Wilson argued that he was not liable for murder because Ms. Spear did not die until nine months after the incident. He was convicted of aggravated murder and was sentenced to prison for 30 years to life. Wilson appealed his conviction.

Issue: Was there sufficient causation between Wilson’s act of setting Ms. Spear on fire and Ms. Spear’s death nine months later to warrant a conviction for murder? 

Language of the Court: In determining whether a verdict is against the manifest weight of the evidence, the appellate court acts as a “thirteenth juror.” Proximate causation is the strongest if the victim dies immediately or shortly after being injured by the defendant. However, a defendant is not relieved of culpability for the natural consequences of inflicting serious wounds on another merely because the victim later died of complications brought on by the injury. The passing of nine months between appellant Wilson’s act of setting Ms. Spear on fire and her eventual death does not, alone, render appellant’s conviction for aggravated murder reversible. 

Decision: The court of appeals affirmed the trial court’s conviction of Wilson of the crime of murdering Ms. Spear. 

Ethics Questions: Do you think Wilson’s legal argument on appeal was justified? If you were a juror in this case, do you think Wilson should have gotten life in prison or the death penalty? Do you think that the death penalty should be abolished?