Commonwealth v. Mccloskey

835 A.2d 801 (2003)

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Nature of the Case

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Facts

D's daughter, 17-year-old Kristen, hosted a party in the basement of D's home. D's other daughter, 14-year-old Kelly, also invited guests to her home that night. Two 18-year-old boys, with the help of a 56-year-old man, brought two kegs of beer to D's home. Kristen charged party guests $5.00, for which each guest received a plastic cup to use for beer. There were more than 40 people at the party, all of them under the age of 21. As many as 20 cars were parked around the house. The party lasted from 8:00 p.m. until 11:00 PM. Several party guests observed 19- year-old Christopher Mowad drinking heavily and exhibiting signs of intoxication. D knew that a party was planned and assisted in getting ice and blankets ready for the kegs. D was at home for the entire party, but she stayed upstairs and did not venture into the basement, except to open the door on one or more occasions to tell the teens to turn down the music. Several teens came upstairs, watched television, and drank beer with D's boyfriend. Party guests moved in and out of the kitchen, Kelly's bedroom, and the bathroom, all of which were on the first floor. More than one teenager testified that they chatted with D while they (the teens) were drinking beer. A large number of teenage witnesses testified that they also drank alcohol at D's home on prior occasions. None hid this fact from D. D never reprimanded nor prevented anyone from drinking. Kimberly Byrne (18 years old) and cousins Courtney Kiefer (17 years old) and Bryan Kiefer (18 years old) left the party and went to a nearby field. The police arrived. Courtney Kiefer called Mowad, who was still at the party. Mowad informed her that the police had arrived and he was leaving. Mowad avoided the police and drove his Isuzu Rodeo to the field and picked up the three teens and drove back toward D's residence to see what happened. They observed police and talked about how lucky they were not to have been caught. Later, Mowad sideswiped another vehicle and, in an effort to elude the driver, sped away. He lost control, the vehicle flipped over several times before coming to rest on its roof. Mowad, Byrne, and Bryan Kiefer died. Courtney Kiefer, the only survivor, sustained multiple serious injuries, including head trauma, and required extended hospitalization. Mowad's blood alcohol content was .20%. Police confiscated the keg and D said she was unaware that it was there. D faced trial for three counts of involuntary manslaughter and the jury convicted her of the charges. D appealed.