Facts of the Crime:
On June 9, 2002, Hurst needed money and a car to go see his pregnant ex-girlfriend. He lured victim Daniel Branch to a field on the pretext of test-firing a shotgun Hurst claimed he might buy. Hurst then shot Branch in the abdomen with the shotgun, then in the side as Branch was trying to flee, and then in the face as Branch was lying on his back. Hurst stole Branch’s car.
Hurst confessed to the crime, and his lawyers admitted at trial that he committed the murder. But they argued that due to a mental defect (borderline personality disorder) he shot Branch during a transient disassociative episode when he was so fixated on going to see his ex-girlfriend that he did not think of alternatives; thus, he did not have sufficient capacity to formulate the premeditation necessary for first-degree murder, and should only be convicted of second-degree murder. During the penalty phase the defense renewed its claim of mental incapacity, pointing out that in his confession Hurst seemed unable to explain why he had killed Branch. The defense also offered evidence of Hurst’s troubled childhood, and his drinking and drug usage.
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