FACT PATTERN
STATE OF KANSAS V. DUPAYNE SOISSION
Case Summary:
Professor Dupayne Soisson, a French national, is visiting Kansas for 1 year as a Professor of the Center for French Law under the Columbus exchange program. He has been accused of violation of Article 116 of the Kansas Criminal Code: Manslaughter without Due Caution and Circumspection for the shooting death of one of his students during a hunting trip organized by the Professor. The State alleges that Professor Soisson acted recklessly when he had too much wine to drink with his students before they went out of the cabin they were staying in, and that as a result of his drinking and his lack of acting carefully by hunting after dark, he shot Andrew Smith, one of his students. The defense contends that the Professor was not drinking all that much wine and that he was not drunk at the time of the incident, and that the shooting of Andrew Smith was a tragic accident that occurred when Andrew acted irresponsibly.
Witnesses:
1. Barbara Jones student, girlfriend of the deceased Andrew Smith, will testify for the Prosecution.
2. David Kartveli, Police Officer who investigated the case for the State, will testify for the Prosecution.
3. Vako Karchava, student, best friend of the deceased Andrew Smith, will testify for the defense.
4. Professor Dupayne Soisson, defendant.
The law: Kansas Criminal Code
Article 10. Crime without Due Caution and Circumspection
1. The action shall be deemed to be Crime without Due Caution and Circumspection if it is perpetrated through presumption or lack of circumspection.
2. The action shall be perpetrated through presumption if the person was aware of the action forbidden under the norms of foreseeing, foresaw the possibility for the illegal consequence but had unfounded hope that he/she would avoid this consequence.
3. The action is committed without due caution and circumspection if the person was aware of the action forbidden under the norms of foreseeing, did not foresee the possibility for the illegal consequence though he/she was obliged to and could foresee it.
4. The action committed without due caution and circumspection shall be deemed to be offense only in case it is referred to in the relevant article of this Code.
Article 116. Manslaughter without Due Caution and Circumspection
1. Manslaughter without due caution and circumspection, -shall be punishable by up to three years of restriction of freedom or by imprisonment similar in length.
2. The same action perpetrated against two or more persons, -shall be punishable by up to five years of restriction of freedom or by imprisonment up to six years in length.
Documents:
1. Statement of Barbara Jones to Police
2. Statement of Dupayne Soisson to Police.
3. Statement of Vako Karchava to Police
4. Police Incident Report of Officer David Kartveli
Exhibits:
1. Kansas Sunrise, Sunset, Dawn and Dusk Times: Table
2. Kansas Sunrise, Sunset, Dawn and Dusk Times: Chart
3. Photo of Red Deer native to Kansas
4. Photo of Rifle used by Professor Soisson
5. Photo of Andrew Smith with Gun
Stipulations:
All the exhibits and the information contained in them, as well as the evidence concerning blood alcohol levels have been stipulated to by the parties and can be admitted into evidence.
STATEMENT OF BARBARA JONES TO POLICE:
My name is Barbara Jones. I am a student at the Center for French Law. I am 22 years old and plan on working in as a prosecutor when I graduate. I feel that lately criminals have gotten away with too much in this country and we need to be tougher on them.
I have been dating Andrew Smith for the last 2 years. He was an amazing person. He was sensitive, intelligent and we were very close. He was always trying to surprise me with jokes and funny behavior. I am very upset by his death. I can’t believe he is gone, especially in such a horrible way. I blame this all on Professor Soisson, I can’t believe he was so irresponsible. If he hadn’t have been drunk or so careless Andrew would still be with us.
Professor Soisson organized this trip for us. Andrew was really excited about the trip because he really liked Professor Soisson, he was one of his best students. Unlike Andrew, I was not one of Professor Soisson’s best students. In fact, I think he always hated me and gave me low marks from the beginning. I was not so excited since I don’t like hunting, I think it is a barbaric sport that should be banned. I used to get in arguments with Andrew and Vako about hunting which they both grew up doing. I thought I could convince Andrew how wrong it was. Anyway, I went on the trip mainly to spend some quality time with Andrew.
The afternoon we arrived we all had lunch together. We ate a lot of food, it was a typical French dinner, with lots of different dishes over a few hours. Professor Soisson acted like a medieval Duke and presided over this elaborate dinner with many courses, telling us stories the whole time. During the course of the meal he kept filling everyone’s wine glasses and saying that we really could not fully appreciate French and Kansas culture and food without it. At one point he got really annoyed with me because I told him I don’t drink alcohol. He said in front of all the students that I could not really experience life if I did not drink wine and that I should loosen up and have some fun. I don’t believe in drinking so I said no, and I was really angry with him. I tried to stay away from him because of this and I sat at the opposite end of the table from him for most of the dinner. In total I saw the Professor drink at least 7 full glasses of wine, but it could have been more, and it was clear to me that the Professor was at least slightly drunk.
After eating and drinking for several hours Professor Soisson suddenly stood up and said that we should go hunting now. I and at least 2 other students asked whether or not it was too late. Professor Soisson dismissed our concerns about how late it was and made some comment like “Real Men Don’t Care About Daylight”. We then went outside, and it was already getting dark out.
Andrew, the Professor and Vako left together to go hunting. Before they left Andrew and I got into an argument about his going hunting with the Professor and Vako, I told him it was too late to go hunting and I wanted him to spend more time with me. I went on the trip to spend time with my boyfriend, not to go hunting. I also told him to put on a bright orange hunting vest that we had. He and Vako both said they would be fine without them and that they did not want to look stupid in front of the Professor. Professor Soisson also did not wear any special clothing when he went hunting. I wore the vest myself when I went out, I knew it was the smart thing to do. Andrew finally agreed to meet me in the forest near a small stream that we both knew of. We were going to spend some quiet time together. Where we were going to meet is very close to where he was killed by the Professor. He was wearing khaki pants and had on a dark brown jacket.
As I was walking in the forest I heard a gun shot followed by a scream. It sounded like Andrew. I ran toward the sound but I arrived at the place where Andrew was shot about 5 minutes after he died. I saw Professor Soisson and Vako there and Andrew’s body. I couldn’t believe it happened. I grabbed my phone immediately and called for help.
The day after the shooting Vako and I got into an argument about it. I told him if he was a good friend of Andrew’s he would want the Professor punished for killing him. He just said I was crazy.
I am so upset now that I have had to drop out of school. Professor Soisson should be punished for what he did. He took the life of a great guy, a guy I was in love with.
Signed,
Barbara Jones
STATEMENT OF PROFESSOR DUPAYNE SOISSON TO POLICE:
My name is Dupayne Soisson. I am a French Law Professor visiting Kansas under and International exchange program called Columbus. In the past I was an investigating magistrate in Paris, and a Professor at the Sorbonne. I am a member of the French-American Friendship society. I was born in 1966.
On October 19th I went on a hunting trip with six of my students, including Andrew Smith, Vako Karchava and Barbara Jones. Andrew was one of my favorite students. He was very bright and hard working and spoke beautiful French. I had offered him a scholarship to study in Paris for his Master’s degree and he was supposed to go for 2 years to France.
After we arrived at our hotel I suggested that we have a nice lunch before starting out hunting for deer that are in the forests around the hotel. We had a great meal, with a lot of the traditional French food. We had a great meal, roast duck, petit fours, foie gras, escargots, cheese, bread, and some wine. We all had an excellent time, and several hours passed while we talked and shared great stories about my beautiful home country, France. We all had an excellent time, and several hours passed while we talked and shared great stories about my beautiful home country, France and about Kansas. One of the students noticed that it was getting dark outside so we rushed out to begin our first round of hunting. Someone mentioned (I don’t remember who) that it might be too dark to hunt, but I thought we could see fine so I suggested, and the students agreed, that we should give it a try. I have been hunting for over 25 years and consider myself very experienced. The sun had not set yet when we began our hunting.
As we headed outside I had my gun ready as I knew there were many deer nearby. There was some sort of argument between Barbara and Andrew but I am not sure what it was about. I know there was something about her wanting him to spend time with her. She kept giving him this bright orange hunting vest to wear, but Vako told him he didn’t need it and I agreed. I think I said something like I had hunted dozens of times without these vests and never had a problem, but that was his choice. We were all dressed for being outdoors. Andrew, Vako and I left to go hunting together. After walking for about 15 minutes in the forest we decided to split up and go separate ways. Vako agreed to go left, I stayed in the center and Andrew was to go to the right. About 10 minutes after we split up I heard a noise coming from some bushes ahead of me. By now it was slightly after sunset and getting a little dark so I looked carefully. I saw what I thought to be a deer moving in the bushes, so I raised my gun and shot it. Instantly I knew that I had made a mistake, because Andrew screamed out in pain. I rushed over to help him.
As I leaned over him on the ground I saw that I had shot him in the chest and he was bleeding badly. He said to me, “Professor Soisson, I’m so sorry I was hiding in the bushes, I thought I would surprise
Barbara.” Then he died in my arms. I am so upset with this tragedy. Andrew was one of my brightest students and I can’t believe that I am responsible for his death. I have given up my Professorship and can never teach again. I want to return home to France and forget this whole mess. It is such a tragedy, but the boy was stupid to be hiding in the bushes. What’s a student doing in the bushes anyway?
I can’t believe the Prosecutor here wants to charge me. I think he just hates French people. And Andrew’s family is just interested in getting me to pay them lots of Euro’s for his death. I won’t. It wasn’t my fault.
I don’t believe I was drunk when this incident happened. After all I am French, and for me wine is like water, it does not make me drunk or impair my judgment. There were six of us present and together I think we drank 5-6 bottles of wine, (Andrew and Vako drank plenty too) but that is nothing. I drink wine regularly, even at lunch before my afternoon classes, and I have never had any problems. I am sure my judgment was just fine. I have done this same hunting event in France many times, except with better French wine!
Signed,
DUPAYNE SOISSON
STATEMENT OF VAKO KARCHAVA TO POLICE:
My name is Vako Karchava. I am 22 years old and a student at the Center for French Law in Kansas. I have known Andrew Smith for the past 18 years. We practically grew up together, we were close, best friends, almost like brothers. I am very sad to have lost him but I think it is not right to blame Professor Soisson for this, it was only a horrible accident, not his fault.
Andrew and I grew up hunting with our fathers and relatives. We have been hunting in the forests of Kansas for our entire lives and it is part of our culture. I gave the Police a copy of Andrew shooting a rifle during one of our hunting trips. It is normal for us to gather with friends and have a good meal before going out and hunting, and drinking some wine is a very important part of that tradition. We are Kansanans, Professor Soisson is French, wine is part of our blood. I know that we went through several bottles of wine that day, but no one drank so much that they were drunk. Sure we could feel the effect of the wine, but it was mild. We sat and talked for at least three hours and ate a lot of good food.
When Professor Soisson noticed it was getting dark outside we went out hunting. This is also normal. The best time to hunt big animals is at sunrise or sunset because that is when they come out to eat or drink water. They generally hide more during the day and it’s more difficult to hunt then. All the times I have gone hunting for big game has been early in the morning at sunrise or at sunset.
We all did not want to wear the bright hunting vests, we didn’t really see the need for them. Maybe this was a mistake but it was Andrew and my decision, not Professor Soisson’s. After walking in the woods for awhile Professor Soisson, Andrew and I separated and agreed to go different directions. I was going to the right, Professor Soisson straight and Andrew to the left. After a few more minutes of walking I heard a gunshot followed immediately by a scream. I could tell something had gone wrong so I rushed to where the sounds had come from. After about 5 or 6 minutes I came upon Professor Soisson kneeling over Andrew, he had his hands pressed to the wound on Andrew’s chest trying to stop the bleeding. He was crying and begging Andrew not to die, but it was obvious that Andrew was already dead. I checked his pulse and confirmed he was dead, so I went to Professor Soisson and helped him up. He just kept saying over and over again “what was he doing hiding in the bushes?”