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Sakil v. State

The trial court erred reversibly by including a definition of voluntary intoxication in its charge to the jury. El Paso Court of Appeals, No. 08-05-00342-CR.

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OPINION

Eric Sakil appeals from his conviction for the offense of assault, enhanced against a member of his family or household. In two issues, Appellant argues the trial court erred by (1) including a definition of voluntary intoxication in its charge to the jury, and (2) by refusing to allow the jury to consider the effect of mental illness in determining whether he possessed the requisite state of mind.

On September 24, 2004, El Paso Police Officers Sandra Zamudio and Jaime Cordero were dispatched to an apartment complex at the corner of Montana and on Maple Streets in El Paso County in response to a domestic disturbance. When they arrived, a resident of the complex directed them to an upstairs apartment where Appellant, his wife, Claudia Sakil (“Claudia”), and their children lived. Officer Cordero and another officer detained Appellant in the apartment, while Officer Zamudio left to locate Claudia. She found her downstairs being treated by EMS and fire department personnel; she had a cut to the left side of her face and blood on her shirt and arm.

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