Defendant’s convictions stemmed from an automobile collision occurred on Interstate 95 in Caroline County involving a 1992 white Plymouth Laser driven by appellant and a 1993 Ford van operated by Steven Rivers. Three children, who were passengers in the van, died as a result of the crash. The accident occurred in the southbound lanes of I-95 which contain three traffic lanes divided by broken white lines.
Facts:
Defendant’s convictions stemmed from an automobile collision occurred on Interstate 95 in Caroline County involving a 1992 white Plymouth Laser driven by appellant and a 1993 Ford van operated by Steven Rivers. Three children, who were passengers in the van, died as a result of the crash. The accident occurred in the southbound lanes of I-95 which contain three traffic lanes divided by broken white lines. The maximum speed limit on I-95 at the time of the accident was sixty-five miles per hour. The evidence did not disclose any defects in the roadway or in either vehicle involved in the accident. Testimony was presented at trial that defendant was observed driving in excess of the posted speed limit prior to the crash and that defendant had consumed alcoholic beverages prior to operating his vehicle. Defendant sought review of a judgment from the Circuit Court of Caroline County (Virginia), which convicted him of three counts of vehicular involuntary manslaughter in violation of Va. Code Ann. § 18.2-36.
Issue:
Whether the cumulative effect of the defendant’s conduct constitutes "negligence so gross, wanton, and culpable as to show a reckless disregard of human life."?
Discussion:
This court held that it is concluded from the undisputed evidence that appellant knew all of the traffic conditions that existed at the time. All of the traffic involved in the accident was in clear view and directly in front of the appellant in broad daylight. He was driving in excess of seventy miles per hour and had a drink in his possession. He willfully chose to pass all of the traffic ahead of him. To do this he had to change lanes, itself a dangerous maneuver. Appellant was driving in excess of seventy miles per hour, violating the maximum speed limit on the roadway, again a willful and deliberate act on his part. The trial court found that appellant's conduct constituted negligence "so gross, wanton, and culpable as to show a reckless disregard of human life" and convicted him on three counts of involuntary manslaughter. We cannot say that its judgment was plainly wrong or without credible evidence to support it. The degree of appellant's negligence, as determined by the great risk of injury together with the knowledge he had or should have had of that risk, was sufficient to support the convictions beyond a reasonable doubt.
Conclusion:
This court hence affirmed judgment from the Circuit Court of Caroline County (Virginia), which convicted the appellant of three counts of vehicular involuntary manslaughter in violation of Va. Code Ann § 18.2-36.
Disclaimer:
Virginia Mediation Settlement Agreement Lawyers Attorneys
The parties were married on October 13, 1995, and that they separated on or about February 27, 1997. The parties entered into a mediation settlement agreement on January 14, 1998, and upon due notice to wife, depositions were taken of husband and his corroborating witness on April 16, 1998. Plaintiff wife filed for divorce from defendant husband.
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Husband, an active member of the United States Navy, executed, after separation from his wife, a survivor's benefit plan election certificate, providing a deferred annuity for wife and children. The husband had three options, no participation for the wife, an immediate annuity, or a deferred annuity.
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The parties were married in Ecuador in 1963. They have six emancipated children. Neither of the parties speaks or reads English with any degree of facility. Throughout their marriage, plaintiff-husband supported his wife and children. He works as a building porter, and his gross weekly salary as of December 1995 was $ 538.74. Plaintiff is also a member of a union that provided him with an attorney in this divorce proceeding.
