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defendantnegligenceappealtrialtestimonywill

defendantnegligenceliabilitystatuteappealtrialverdicttestimonywill

Related Cases

People v. Futterman, 86 A.D.2d 70, 449 N.Y.S.2d 108

Facts

The case arose from an incident at the Erie County Medical Center where David Murphy, a violent patient, was being restrained by staff, including the defendant. During a struggle, the defendant applied a choke hold to Murphy for approximately eight to ten minutes, despite warnings from other staff members. After the struggle, Murphy was found unresponsive and later pronounced dead. The defendant was charged with criminally negligent homicide based on the claim that he failed to perceive the risk of death from his actions.

The testimony at trial established the following series of events. Murphy was harassing an elderly female patient by touching her and pushing her wheelchair up and down the hall. He was very agitated, pacing, and talking loudly. There was a standing order for restraint and seclusion for Murphy.

Issue

Did the defendant act with criminal negligence in applying a choke hold to the patient, resulting in the patient's death?

Defendant challenges his conviction for criminally negligent homicide on the ground that the evidence was insufficient to support the verdict.

Rule

Criminally negligent homicide occurs when a person, with criminal negligence, causes the death of another person. Criminal negligence is defined as failing to perceive a substantial and unjustifiable risk that such result will occur, constituting a gross deviation from the standard of care that a reasonable person would observe in the situation.

A person is guilty of criminally negligent homicide when, with criminal negligence, he causes the death of another person. ( Penal Law, § 125.10 ) A person acts with criminal negligence with respect to a result or to a circumstance described by a statute defining an offense when he fails to perceive a substantial and unjustifiable risk that such result will occur or that such circumstance exists.

Analysis

The court analyzed the evidence presented at trial, noting that the defendant was faced with a violent patient and had to make quick decisions in a high-pressure situation. The court found that the testimony indicated that the defendant and other staff members did not perceive the risk of asphyxiation during the struggle. The court concluded that the defendant's actions, while resulting in a tragic outcome, did not rise to the level of criminal negligence as defined by law.

Measuring Mark Futterman's conduct against that background, we do not find that his failure to perceive the risk of death to David Murphy was such gross deviation from the standard of care to be expected from a reasonable person under those circumstances as to constitute criminal liability.

Conclusion

The court reversed the judgment of conviction and dismissed the indictment against the defendant, determining that his conduct did not constitute criminal negligence.

We therefore reverse the judgment of conviction and dismiss the indictment.

Who won?

Defendant prevailed in the appeal because the court found that the evidence did not support a finding of criminal negligence, as the defendant acted in a high-pressure situation without perceiving a substantial risk of death.

Defendant prevailed in the appeal because the court found that the evidence did not support a finding of criminal negligence.

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