People v. Kibbe Case Brief Summary | Law Case Explained

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People v. Kibbe, 35 N.Y.2d 407 (1974)

We’re all familiar with drunken pranks, but taking advantage of someone’s impaired state to rob that person, or even worse, is an entirely different story. The 1974 New York case of People versus Kibbe explores one night of drinks that turned into murder.

One cold December night in 1970, Barry Kibbe and Roy Krall were drinking at a Rochester bar. A very drunk George Stafford was drinking at the same bar and flashing several hundred dollar bills. The bartender ultimately cut him off, and Stafford proceeded to ask the bar patrons if anyone would drive him to a town about 30 miles away. Kibbe and Krall saw an opportunity to take Stafford’s cash and volunteered. The three men left the bar and headed to another tavern that also refused to serve Stafford because of his level of intoxication. They left and proceeded to a third bar that did serve them. They had a drink or two then headed to Kibbe’s vehicle to supposedly drive Stafford as requested. Krall drove.

While in the car, Kibbe demanded Stafford’s cash and slapped him multiple times until Stafford handed over the money. To confirm there was no more cash on Stafford’s person, Kibbe made Stafford pull up his shirt, pull his pants down to his ankles, and take off his shoes. After they were confident they had all Stafford’s money, Kibbe and Krall pushed him out of the vehicle onto the shoulder of a rural two lane highway a little after 9:30.

The highway was unlit, and visibility was obscured by blowing snow. Previously plowed snow was on both sides of the highway, and the temperature was close to zero. Stafford’s pants were still around his ankles, and his shirt was pulled up to his chest. Kibbe and Krall also disposed of Stafford’s shoes and coat on the shoulder but kept his glasses.

The closest shelter to where they forced Stafford out of the car was a gas station about half a mile away and on the other side of the highway.

At about ten, Michael Blake was heading northbound on the highway in his pickup. Two oncoming cars flashed their brights at Blake. Immediately afterwards, Blake saw Stafford, hands in the air, sitting on the road right in front of him. Before Blake could react, he struck Stafford, then got out to assist Stafford, who still had no shoes or jacket and whose pants were still at his ankles and shirt still pulled up.

Stafford died shortly thereafter from massive head injuries, and the medical examiner noted an extremely high blood alcohol level.

Kibbe and Krall were charged with Stafford’s murder in trial court. The jury found them guilty. Kibbe and Krall appealed the conviction, claiming that the state failed to prove they caused Stafford’s death because of Blake’s intervening and superseding actions.

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