dissenting.
I must respectfully dissent from that part of the majority opinion which reverses and remands the conviction of Ward for capital murder.
The trial judge did not commit reversible error in refusing to strike for cause three jurors who were or had been remotely related to attorneys for the prosecution because there was no showing of any bias or partiality on the part of the three prospective jurors. The questioned jurors were ultimately eliminated by exercise of a peremptory challenge. Consequently, no prejudice of any kind resulted so as to affect the ultimate verdict.
One juror did not know what the supposed relationship was and stated that there was “a little relation” through one side of the family. There was no evidence that the remote relationship would have any effect on the jurors’ deliberations and the motion for an excuse for cause was properly overruled.
Another of the prospective jurors had previously been a brother-in-law to the prosecuting attorney, but they were no longer brothers-in-law and had not been so for many years. The juror stated that the previous relationship would have no bearing on his deliberations.
Relationship alone does not ordinarily disqualify a juror. It is incumbent on the party claiming a bias or partiality to prove the existence of prejudice. See Polk v. Commonwealth, Ky.App., 574 S.W.2d 335 (1978).
It is clear that none of the three jurors had any kind of a close relationship with the attorneys for the prosecution. There was no evidence of any partiality on their part. There was no abuse of discretion and I believe it is improper to state that the trial judge was clearly erroneous in his determination. This ground is very flimsy to reverse a murder conviction. The mere fact that the better practice may be to eliminate jurors who have some relationship is not sufficient to overturn this conviction.
The trial judge did not commit reversible error in not instructing on wanton or reckless conduct. There was no evidence indicating that Ward was guilty of any offense other than intentional murder. Where the evidence and circumstances establish an intentional murder or nothing, the trial judge is not required to give additional instructions. Bowers v. Commonwealth, Ky., 555 S.W.2d 241 (1977); Cox v. Commonwealth, Ky., 491 S.W.2d 834 (1973); Montague v. Commonwealth, Ky., 332 S.W.2d 543 (1960).
The evidence clearly indicates that Ward shot to kill Lucy Asher during the carefully planned ambush and robbery. He aimed and fired his AR-15 rifle on the victim ten to twelve times, inflicting fatal wounds. There is absolutely nothing in the evidence to indicate that the murder was unintentional and there was no basis for a wanton or reckless instruction.
Approximately three weeks before the brutal murder of Lucy Asher, three of the other co-conspirators had attempted to ambush her but had failed when she courageously drove around a log blocking the roadway. On the fatal day there were no warning shots fired but a simple, deliberate, vicious act fully intended to kill the victim which, indeed, did succeed. There is no evidence that Ward shot Lúcy Asher without intending to kill her or that her wounds were unintentionally or accidentally inflicted. The instructions of the trial court were proper. Garrett v. Commonwealth, Ky., 560 S.W.2d 805 (1977).
The use of the word recommendation in reference to other post-conviction steps was not reversible error. Certainly the jury’s sentence is a recommendation pursuant to clear statutory Kentucky law which is codified in KRS 532.025. This Court has taken a proper position in regard to complaints about “recommendation” in Ice v. Commonwealth, Ky., 667 S.W.2d 671 (1984). In that case, the Court indicated *411that undue emphasis on a recommendation is improper if it diminishes the jury’s sense of responsibility.
In this case the prosecution mentioned the seriousness of the matter that the jury was considering and the defense advised them that the recommendation could result in the accused being electrocuted with 1900 volts. The defense counsel pointed out the seriousness of the penalty so strongly as to elicit an objection from the prosecutor.
It should also be noted that after hearing the evidence, the jury recommended a sentence of 40 years for the murder of Lucy Asher as to the co-defendant and the death sentence for said murder as to Ward. This suggests that the jury quite carefully assessed the evidence and considered its responsibilities very intelligently in this regard without undue emphasis and without necessarily accepting the flamboyant comments of either prosecutor or defense counsel.
I would affirm the conviction in all respects.