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33 Land & Water L. Rev. 749 (1998)
Criminal Law - Intoxication as a Defense: The Drunk and Dangerous Model - Montana v. Egelhoff

handle is hein.journals/lawlr33 and id is 783 raw text is: CRIMINAL LAW-Intoxication as a Defense: the Drunk and Danger- ous Model. Montana v. Egelhoff, 116 S. Ct. 2013 (1996). INTRODUCTION What began as an adventurous journey into the Yaak region of the Montana mountains to pick mushrooms ended with two people dead and one serving an eighty-four year prison term.' The journey began when James Allen Egelhoff met up with John Christenson and Roberta Pavlova in early July while picking mushrooms., On July 12th, 1992, the trio went to a nearby town in Christenson's vehicle to sell mushrooms and purchase alco- hol.' They purchased a case of beer and at around noon went to a party where they continued to drink most of the day.' At around midnight on the evening of July 12, police officers re- sponded to a potential drunk driver report and discovered Christenson's station wagon in a ditch along U.S. Highway 2.1 Pavlova and Christenson lay in the front seat, each dead from a gunshot to the head. Police found Egelhoff in the back seat intoxicated and yelling obscenities.' Police discovered Egelhoff's .38 caliber handgun on the floor of the car with four loaded rounds and two empty casings.' Egelhoff had gunshot resi- due on his hands' and blood stains on his clothing. The blood stains matched Christenson's and Pavlova's blood.0 An hour after discovering Egelhoff, police measured his blood alcohol content at .36.1 Despite his intoxication, Egelhoff was violent and aggres- sive. He struck two ambulance attendants as they loaded him into the am- bulance, and he kicked a camera from a detective's hands later that even- 1. Montana v. Egelhoff, 116 S. C. 2013,2016 (1996). 2. Id. 3. Id. 4. Petitioner's Brief at 4, Montana v. Egelhoff, 116 S. Ct. 2013 (1996) (No. 95-566) (citing Trial Record at 660-61, 1127, Montana v. Egelhoff, 900 P.2d 260 (Mont. 1996) (No. 93-405) (on file with the Land & Water Law Review). 5. Egelhoff, 116 S. CL at 2016. 6. ld 7. Id 8. Id 9. id. 10. Petitioner's Brief at 8, Egelhoff, 116 S. Ct. 2013 (citing Trial Record at 240-41,245-47, 248-50, 845). 11. Egethoff, 116 S. Ct. at2016. 12. One of the ambulance attendants testified at trial that Egelhoff had threatened to kill the ambu- lance attendant, and that Egeihoffwas the most violent person with whom the ambulance attendant had ever dealt Petitioner's Brief at 6, Egelhoff, 116 S. Ct. 2013 (citing Trial Record at 478-79, 483-87).

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