Can a single punch lead to a murder charge in Vermont?

A homicide case settled this week raised the question of whether a person who dealt a single punch could be culpable of murder if the victim died.

In that case, Bradley Senna, 19, of Winooski "sucker-punched" David Hojohn, 54, in late August 2016 during an altercation involving a group of people, prosecutors have said. Hojohn fell to the pavement and was knocked unconscious. He died the next month from multiple blunt-force trauma. 

Senna was the only person charged. State prosecutors brought a charge of second-degree murder against the teen, which carries a potential life sentence. On Wednesday, Senna pleaded guilty to a lesser charge of involuntary manslaughter as part of a plea agreement. 

During the hearing, Senna apologized to the court, the community and to Hojohn's family. 

"I would have never thought that one punch ever could have ... killed a man," Senna said. 

Senna's statement goes right to the heart of the legal issue raised during the course of his case. He was initially charged with aggravated assault, but the charge was upgraded to second-degree murder when Hojohn died more than a week later. 

More:Winooski teen admits to throwing fatal punch

Vermont Law School Professor Robert Sand said that in general, the law tries to pair what someone has done with what might have been in their mind at the time. Sand formerly served as the Windsor County State's Attorney.

"We do, though, in the law sometimes say that if you do something and it results in a worse outcome than you anticipated, you're on the hook for that worse outcome," Sand said. "That's how, in the law and sort of in the policy that underlies the law, we can say that someone who only intended to inflict bodily injury ends up being criminally responsible for a resulting death, even though they didn't intend for that death to happen."  

According to court papers in the Senna case, the Vermont Supreme Court has not grappled with the question of whether one punch should lead to a charge of second-degree murder if the victim dies. Vermont law provides several possible charges for a person suspected of a criminal killing: first-degree, or premeditated, murder; second degree murder; and manslaughter, which is broken into voluntary and involuntary categories.

More:Winooski teen accused of murder expected to change plea

For a charge of second-degree murder, parties must show that a suspect acted with intent to kill or inflict great bodily harm, or that the person acted with a wanton disregard for the possibility that those things could occur. Sand said a second-degree murder charge can occur when a person intends to inflict bodily injury, but the person dies as a result of those injuries. 

"That's not an uncommon basis for a murder charge," he said, speaking generally. "It technically isn't considered an intentional murder, but it is intentional conduct."

Sand said that some states consider murder as only deaths that result from the use of deadly weapons. He said in those states, a physical assault alone likely would not qualify for a murder charge. 

"Vermont has not drawn that particular distinction," Sand said. 

More:Winooski teen denies charge of second-degree murder

Before parties reached a resolution in the Senna case, Senna's lawyer Dan Sedon filed a motion to dismiss, saying that a charge of second-degree murder could not be constituted from the single punch. Sedon added that prosecutors would be unable to show that Senna acted with intent to kill Hojohn or that Senna acted in a way where he disregarded the risk of death or great bodily injury.

"There is no dispute that Hojohn died, but the mere fact that he is dead does not justify a second-degree murder charge against the Defendant," Sedon wrote.

He added, "There is no evidence to support the contention that Defendant was actually and subjectively aware of the 'likelihood that death or great bodily harm would result from his actions' by throwing a single punch that hit Hojohn. ... Additionally, throwing a single punch directed at an adult, who was older but relatively the same size as Defendant, would not create this subjective awareness in anyone, regardless of their age."

In a response to Sedon's motion, Chittenden County Deputy State's Attorney Susan Hardin wrote that Hojohn's age, health and level of intoxication made him more vulnerable when Senna, who is trained in martial arts, punched him. She added that Senna "came out of nowhere" and "sucker-punched" Hojohn without warning while Hojohn was already engaged in an altercation with others.

"During the attack, the Defendant told Mr. Hojohn, 'You're going to get 911, mother-(expletive),' and after the attack, when he was arrested for violating his Conditions of Release, the Defendant told police, '[I] hope that dude dies' and '[I] should have hit him harder,'" Hardin wrote.

More:Winooski man charged with murder after fight

By pleading guilty to involuntary manslaughter Senna admitted he inflicted serious bodily injury on Hojohn with a high degree of carelessness. While a second-degree murder conviction carries the potential sentence of life in prison, a conviction on manslaughter carries a maximum prison sentence of 15 years.

"That's a big difference for a defendant," Sand said. 

Senna was sentenced to 497 days in prison, with credit for time he's already served. He will also spend five years on probation. Burlington Probation and Parole District Manager Debbie Thibault said on Thursday that Senna has been released from prison and is under probation supervision. 

Contact Elizabeth Murray at 651-4835 or [email protected]. Follow her on Twitter at @LizMurrayBFP.