TRENTON, NJ – The New Jersey Supreme Court has reinstated the murder conviction of Michael Owens, reversing part of a lower court decision that had vacated the verdict over jury instruction and evidentiary concerns. The ruling, issued Monday, upheld Owens’s convictions for murder and possession of a weapon for an unlawful purpose, while sending the case back to the Appellate Division to review his sentence.
Owens was convicted after a jury found that he shot and killed Luis Gonzalez following a violent dispute involving his girlfriend. Prosecutors said Owens attacked the woman upon discovering another man’s phone number in her cell phone, then located Gonzalez — her alleged drug supplier — and fatally shot him roughly 45 minutes later.
The Appellate Division previously vacated Owens’s convictions, ruling that the trial judge should have instructed the jury on the lesser offense of passion/provocation manslaughter, even though Owens’s defense had not requested it. The appellate panel also determined that evidence about Owens choking his girlfriend should have been “sanitized” to prevent unfair prejudice in connection with the murder charge.
Judge Gilson dissented from that decision, arguing that the evidence did not warrant a manslaughter instruction and that the assault evidence was properly admitted as relevant context for the homicide.
In its January 6 opinion, the Supreme Court sided with Gilson’s reasoning, holding that a judge is only required to instruct on a lesser-included offense without a defense request when the evidence “clearly indicates” the need for such a charge — meaning it must “jump off the page.” The Court also clarified that the “most favorable to the defendant” standard applies only when a defense attorney affirmatively seeks such an instruction at trial.
As a result, the Supreme Court reinstated Owens’s convictions for murder and weapons possession, reversing the Appellate Division in part and remanding the case for consideration of sentencing issues.
