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Keywords

defendantnegligenceliabilityappealtrialverdicttestimonyprobation

defendantverdictprobationappellantjury instructions

Related Cases

People v. Autry, 37 Cal.App.4th 351, 43 Cal.Rptr.2d 135, 95 Cal. Daily Op. Serv. 6088, 95 Daily Journal D.A.R. 9999

Facts

On April 27, 1992, Kenneth Autry, with a blood alcohol level of .22 percent, drove recklessly on a freeway, swerving and speeding, which ultimately led to a fatal accident that killed two highway construction workers. Despite warnings from his passengers to slow down and let someone else drive, Autry continued to drive under the influence after consuming alcohol throughout the day. The accident occurred when Autry's vehicle struck the workers who were near a warning sign truck, resulting in their deaths and injuries to his passengers.

With a blood alcohol level of .22 percent, defendant and appellant Kenneth Autry recklessly drove on a freeway, swerved into the median strip, struck and killed two highway construction workers, and injured his two passengers. Appellant had four prior convictions for drunk driving, suffered in 1983, 1984, and 1991. He failed to attend court-ordered educational programs in connection with those convictions, but in 1991 admitted that he had a drinking problem and participated in a 45–day residential alcoholism program at “How House,” where participants are “bombarded” with horror stories about the dangers of driving while intoxicated.

Issue

The main legal issues included whether the evidence was sufficient to support the convictions for second-degree murder, whether the trial court erred in admitting testimony from probation officers, and whether the absence of an attenuator truck constituted an intervening or superseding cause that would relieve Autry of liability.

Appellant contends: (1) the evidence is insufficient to support conviction of two counts of second degree murder. (2) the court abused its discretion under Evidence Code section 352 in admitting evidence of statements of appellant's probation officers; and (3) the court erred regarding jury instructions on appellant's defense of superseding cause.

Rule

The court applied the principle that a homicide caused by a drunk driver may be prosecuted as second-degree murder if the defendant acted with implied malice, which requires a conscious disregard for the risk to life. Additionally, the court ruled that the negligence of a third party does not relieve a defendant of liability unless it is the sole or superseding cause of the death.

In People v. Watson, supra, 30 Cal.3d 290, 179 Cal.Rptr. 43, 637 P.2d 279, the Supreme Court held that in appropriate circumstances a homicide caused by a drunk driver may be prosecuted as second degree murder. Second degree murder based on implied malice is shown when the defendant deliberately performed an act, the natural consequences of which are dangerous to life, knowing that the conduct endangers the life of another, but acting with conscious disregard for that risk of life.

Analysis

The court found that substantial evidence supported the jury's verdict, including Autry's high blood alcohol level, his prior convictions for drunk driving, and the warnings from his passengers. The court determined that the absence of an attenuator truck did not break the chain of causation, as Autry's reckless driving was the direct cause of the accident. The testimony from probation officers was deemed highly probative, reinforcing the notion that Autry was aware of the dangers of drinking and driving.

Substantial evidence supports the verdict. Appellant drove with a blood-alcohol level of .22 percent. Throughout the day, appellant drove and drank, drove to different locations and drank, drove to obtain more alcohol, and drank while driving. Appellant was speeding, swerving out of control, and had three near misses. He pulled over once and exited the freeway another time, but both times resumed driving despite the entreaties of his passengers.

Conclusion

The Court of Appeal affirmed the convictions, modifying the judgment to correct a sentencing error regarding custody credit. The court concluded that the evidence was sufficient to support the convictions and that the trial court did not err in its rulings.

Finding no merit to appellant's contentions, we modify the judgment and affirm.

Who won?

The People (State of California) prevailed in the case, as the court upheld the convictions based on the substantial evidence of Autry's reckless behavior and disregard for the risks associated with driving under the influence.

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