Intervening cause | Atlanta DUI lawyer
An Atlanta DUI lawyer knows that the burden is upon the State to prove the
corpus delicti; i.e., to show that the defendant's alleged unlawful acts were
the proximate cause of the purported victim's death. Brown v. State, 152 Ga. App. 273, 262 S.E.2d
497 (1979). See also McKinney v. State, 204 Ga. App. 323, 419
S.E.2d 339 (1992). In other words, to sustain a verdict of guilty for
vehicular homicide in the first degree or second degree, the evidence must
authorize the jury to conclude that the defendant's action (violation of a
traffic statute) caused the death of the victim. Williams v. State, 165 Ga. App. 831, 302
S.E.2d 736 (1983).
An interesting causation issue was resolved
against the defendant in Pitts v. State, 253 Ga. App. 373, 559 S.E.2d
106 (2002), when the court again noted that in order to be convicted of
vehicular homicide the conduct of the defendant must have caused the
death. In Pitts, an officer pursued the defendant to
initiate a traffic stop. Instead of stopping, the defendant attempted to elude
the officer. After a one-minute and 49-second chase, the officer attempted to
stop the vehicle using the Pursuit Intervention Technique (PIT) by pulling up
along side the defendant's vehicle intending to tap the vehicle on the right
rear quarter causing it to spin out of control. However, the vehicle flipped and
wrecked. Unbeknownst to the officer, the defendant's eight-week-old daughter was
a passenger in the truck who later died from her injuries after the wreck.
It appears that the defendant in
Pitts did not appeal any issues related to the jury
instructions, but only challenged the sufficiency of the evidence. In addressing
the causation issue, the court noted that the State was required to prove the
causation issue by showing that the defendant's conduct was the proximate cause,
as well as “the cause in fact” of the death. The court held that the
evidence was sufficient for a rational trier of fact to find beyond a reasonable
doubt that the defendant's actions of eluding an officer at high speed in a
reckless manner with a baby in his truck played a substantial part in bringing
about the child's death and that the death was a reasonably probable consequence
of the defendant's actions. In so holding, the court virtually ignored the fact
that it was the officer who intentionally caused the
collision by attempting to stop the vehicle using the Pursuit Intervention
Technique.
In Stephens v. State, 127 Ga. App. 416, 193
S.E.2d 870 (1972), where a car left the roadway after a tire had blown out
and the driver appeared to be the only person at the scene, the Court of Appeals
held that a jury can consider strong circumstantial evidence that there was a
corpus delicti.
To determine what caused the death of the
victim consider whether (1) the injury itself constituted the sole proximate
cause of the death; (2) the injury directly and materially contributed to the
happening of a subsequent accruing immediate cause of the death; or (3) the
injury materially accelerated the death, although proximately occasioned by a
pre-existing cause. Brown v. State, 152 Ga. App. 273, 262 S.E.2d
497 (1979); Wilson v. State, 190 Ga. 824, 10 S.E.2d 861
(1940).
Where there is no testimony except that of
witnesses who testify they do not know how the deceased met her death, the
evidence is insufficient to sustain the conviction, since it may be presumed
that death resulted from natural causes. Brown v. State, 152 Ga. App. 273, 262 S.E.2d
497 (1979), quoting Martin v. State, 102 Ga. App. 216, 115
S.E.2d 859 (1960). Hence, the State has the burden of proving through the
coroner or medical examiner how the death occurred.
However, in Wimbush v. State, 185 Ga. App. 76, 363
S.E.2d 347 (1987), the Court of Appeals held that the mere fact that there
was no specific testimony that the extensive injuries suffered in the collision
were the proximate cause of the victim's death would not prevent the jury, after
hearing a description of the wound which had been inflicted, from determining
for themselves whether or not the wound was the cause of death. And, if the jury
decided that the wound was a cause sufficient to produce death, and no other
cause was shown to have existed, there was a sufficient basis for the conclusion
that the death resulted from the wound rather than from some other cause, the
existence of which was not supported by the evidence.
Moreover, in McKinney v. State, 213 Ga. App. 498, 445
S.E.2d 550 (1994), the defendant was convicted of second degree vehicular
homicide, failure to stop at or return to the scene of an accident (O.C.G.A. § 40-6-270), reckless driving (O.C.G.A. § 40-6-390) and following too closely. The Court of
Appeals concluded that the evidence was sufficient to convict the defendant even
though there were no eyewitnesses and the State's expert was unable to testify
conclusively that the defendant's car struck the other vehicle.
The Wimbush,
McKinney and Pitts cases highlight the
critical need for the DEFENSE to utilize top-level expert witnesses in
investigating and preparing a case for trial. In cases where a jury's decision
can "go either way," presentation of expert testimony on critical issues such as
cause of death, or the causal connection between the traffic violation and the
death of a person following that violation is critical. Never depend upon being
able to cross-examine a State expert sufficiently to carry the day for
acquittal.
Implicit in having to prove that the defendant
caused the death of the victim, the State must also prove that the victim died.
Testimony from the medical examiner and tendering of the death certificate is
sufficient to establish the victim's death. In Everett v. State, 216 Ga. App. 444, 454
S.E.2d 620 (1995), the Court of Appeals held that the State failed to
establish beyond a reasonable doubt that the defendant caused the death of the
victim. The court specifically stated that the State failed to prove that the
victim was dead in that there was no expert or (non-expert) testimony presented
regarding the cause of death.
In Gooch v. State, 155 Ga. App. 708, 272 S.E.2d
572 (1980), the defendant was driving under the influence of alcohol when he
collided with another vehicle and left the scene of the collision. The victim
died as the result of the head-on collision. Under these facts there was no
merit to the claim that the evidence was wholly circumstantial and did not
exclude every reasonable hypothesis save that of guilt. See also Beaman v. State, 161 Ga. App. 129, 291
S.E.2d 244 (1982).
In Quaile v. State, 172 Ga. App. 421, 323
S.E.2d 281 (1984), it was undisputed that the defendant's vehicle collided
with that of the victim as the latter pulled out onto the road; that the police
officers found the victim unconscious, drooped over her steering wheel and
gasping for breath; and that she died soon after her arrival at the hospital.
This evidence established the requisite causal connection between the automobile
collision and the victim's death.
In Jackson v. State, 152 Ga. App. 441, 263
S.E.2d 181 (1979), the victim was alive after a head-on collision with
defendant's vehicle, but after a third car struck the victim's vehicle, he died.
After the first impact, but before the second, the victim, who was pinned
against the steering wheel, was heard to say, “I feel like everything is busted
up inside me. I'm feeling real bad.”
Although there was some conflict in the
evidence, the facts excluded every other reasonable hypothesis except the
defendant's guilt where the State showed that the point of impact with
defendant's vehicle was in the deceased's lane of traffic. Furthermore, the
medical examiner could find no injuries that he could conclude were caused by
the second crash. The deceased died of deceleration injuries of the kind
typically caused by head-on collisions. The physician's opinion was that the
deceased, in fact died of deceleration injuries.
To sustain a verdict of guilty for vehicular
homicide in the first degree for failure to stop and render assistance [O.C.G.A. § 40-6-270 (leaving the scene); O.C.G.A. § 40-6-393], the evidence must authorize the jury to
conclude that the defendant's failure to stop and render assistance caused the
victim's death. Williams v. State, 165 Ga. App. 831, 302
S.E.2d 736 (1983).
In Campbell v. State, 136 Ga. App. 338, 221
S.E.2d 212 (1975), the Court of Appeals held that “[i]t is not a sufficient
defense in the law to show that the wound was treated improperly by a doctor,
and that if it had been properly treated the deceased might have recovered. What
is necessary to cut off criminal responsibility and serve as an independent
intervening cause is clear proof that the treatment of a non-mortal wound, and
not the injury itself, is the proximate cause of death.”
In Corbett v. State, 277 Ga. App. 715, 627
S.E.2d 365 (2006), Defendant appealed his conviction of vehicular homicide
by driving under the influence of alcohol to the extent that it was less safe
for him to drive. The Court of Appeals found sufficient evidence to support
defendant's conviction for vehicular homicide by driving under the influence
with more than 0.08 grams of blood alcohol concentration. In this case, the
officer was asked what results of blood alcohol testing were used and he
testified to a numerical reading. Defendant stipulated that the instruments used
for the charged incident were used to measure the blood alcohol content of his
body.
Furthermore, the evidence was sufficient
because Defendant's reaction time was slower than it otherwise would have been,
and Defendant failed to take evasive action to avoid hitting the victim. The
Court held that the vehicular homicide statute requires the State to establish a
causal connection between the defendant's violation of the driving under the
influence statute and the victim's death. The State is not required to show that
the Defendant actually committed an unsafe act.
In Gregory v. State, 277 Ga. App. 664, 627
S.E.2d 79 (2006), the Court of Appeals held that testimony from a witness
who observed defendant in his vehicle with his back against the front passenger
door and his feet pointed toward driver's door, combined with defendant's
admission to both law enforcement officers and the magistrate judge that he was
the driver of the vehicle, was sufficient evidence for a rational trier of fact
to conclude that the defendant was the driver at the time of the accident.
McGrath v. State, 277 Ga. App. 825, 627
S.E.2d 866 (2006), was another recent case where the Court of Appeals ruled
that Defendant's conduct while driving proximately caused the victim's death
based on reckless driving even though the victim was struck and killed by a
third party after Defendant was involved in a collision. The victim, who had
stopped to render aid, was crossing road when the third party struck her.
In support of its holding, the Court held that
an injury or damage is proximately caused by an act or a failure to act whenever
it appears from the evidence in the case that the act or omission played a
substantial part in bringing about or actually causing the injury or damage and
that the injury or damage was either a direct result or a reasonable probable
consequence of the act.
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