Court refuses to review Hare’s murder appeal
Published 6:41 pm Friday, December 1, 2017
The Mississippi Supreme Court has refused to review a June Appeals Court decision upholding the conviction of a Vicksburg man for depraved heart murder.
A 12-member Warren County Circuit Court jury on Dec. 17, 2015, convicted Melvin Hare, 51, of depraved heart murder in the stabbing death of Roy Clark in 2013. Judge Isadore Patrick sentenced Hare to 25 years in prison. He is presently serving his sentence at the state’s Central Mississippi Correctional Facility in Pearl.
Hare appealed the conviction to the Appeals Court, claiming his attorney did not submit an instruction for heat-of-passion manslaughter to the court. He also claimed there was insufficient evidence for depraved heart murder, and that he acted in self-defense because Clark attacked him without reason.
When the majority of the appeals court rejected the argument, Hare’s attorneys filed a writ of certiorari, or a request to the Supreme Court to review the case. The Court refused Thursday to review the case.
“We were very happy with the Court of Appeals decision,” 9th Circuit District Attorney Ricky Smith said. “It was a case in which the defendant argued self defense. We didn’t believe it was self defense, and part of the basis for the appeal was insufficient evidence presented at trial to support a conviction, and the Court of Appeals upheld there was sufficient evidence presented by the state to get a conviction.
The events leading to Hare’s arrest and later conviction occurred in August 2013, when Hare was visiting a woman he had been dating. While he was at her house, Clark, who had also dated the woman, came to house, stood outside and demanded Hare go outside to fight.
The men later got into a fight and Hare pulled a pocketknife during the confrontation and repeatedly stabbed Clark, before the woman managed to get the knife and throw it away. The men then separated and Clark went across the street and collapsed. Hare was initially charged with aggravated assault, which was later upgraded to murder when Clark died.