SUPERIOR COURT OF THE STATE OF RIDGEWAY
CITATION: State of Ridgeway v. 13mmSocket,
404codey,
RSC-CM-2069
DATE OF JUDGEMENT:
2023-09-14
BETWEEN:
State of Ridgeway
Plaintiff
and
13mmSocket, 404codey
Co-accused
REASONS FOR JUDGEMENT
OF THE
HONOURABLE JUDGE KOALA4IIFE
I. Overview of facts
[1] On July 15, 2023, simbuilder132 was in the vicinity of his house in Oakland,
Ridgeway. When simbuilder132 killed by co-accused 13mmSocket, both individuals
were on simbuilder132’s property. A few moments later, simbuilder132 had a
conversation with 13mmSocket. At some point, co-accused 404codey came out of
simbuilder132’s property with a firearm in his hands, stowed it away, and approached
simbuilder132 while simbuilder132 continued his conversation with 13mmSocket.
[2] Co-accused 13mmSocket stands accused of second-degree murder while co-
accused 404codey stands accused of brandishing, both arising out of the events on July
15, 2023.
II. Evaluating the evidence
[3] The video evidence and witness testimony are conclusive in proving that
13mmSocket had knowingly and unlawfully caused the death of simbuilder132. They
are also clear in proving that 404codey held out a firearm for some time while on
simbuilder132’s property.
[4] I accept that simbuilder132 saw 404codey holding out a firearm while on
simbuilder132’s property. The question now is whether 404codey’s actions intended to
create fear in simbuilder132. While it is not a requirement for a person who has been
threatened by another to have a reaction in response to the threat, it may be helpful to
infer intent.
[5] simbuilder132 testified that he felt threatened by 404codey when he displayed
a firearm in the presence of simbuilder132. Yet both the video evidence and testimony
show that simbuilder132 did not react to the act which allegedly caused him to feel
threatened; in fact, he continued his conversation with 13mmSocket.
[6] This is unsurprising as, without attempting to calculate the length of time for
which 404codey held out a firearm or, for that matter, the length of time for which
simbuilder132 saw 404codey’s held-out firearm as the co-accused suggests be done, it
could be said, simply, that 404codey did not display a firearm in the presence of
simbuilder132 for a significant amount of time at all.
[7] While the accused did not offer evidence of their own, and while I do not
necessarily have reason to not believe that simbuilder132 was keenly aware of his
surrounding and noticed 404codey holding a firearm, I am nevertheless left in doubt by
the government’s evidence; perhaps 404codey did not display a firearm in a manner
which was intended to be threatening.
III. The law
[8] The actus reus for second-degree murder consists of anything that causes the
death of another person. The mens rea consists of either an intent to cause death or an
intent to cause bodily harm that the accused knew was likely to cause death and was
reckless as to whether death ensues or not.
[9] I find that 13mmSocket caused the death of simbuilder132 and that the death
was caused unlawfully. I also find that 13mmSocket had the state of mind required for
murder.
[10] The actus reus for brandishing consists of displaying a firearm in the presence
of another person in a manner that is threatening. The mens rea consists of an intent
to, through displaying the firearm, threaten another person.
[11] I am in doubt as to whether the manner in which 404codey displayed a firearm
in the presence of simbuilder132 was threatening. I am also not satisfied that 404codey
intended to threaten another person in so doing.
IV. Conclusion
[12] I find co-accused 13mmSocket guilty of count 1, second-degree murder.
[13] I find co-accused 404codey not guilty of count 1, brandishing.
Dated at the City of Palmer, in the State of Ridgeway on September 14, 2023.
“koala4Iife”
Judge koala4Iife
Counsel for the plaintiff State of Ridgeway: andysofun, Ridgeway.
