Commonwealth v. Mitchell

41 S.W.3d 434 (2001)

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Nature of the Case

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Facts

D, his wife, and three children began a drive to a friend's house in the family automobile. The oldest child sat unrestrained in the front seat between her parents. Twins rode in the back seat in baby seats which were not buckled and were not fastened to the automobile seat. D failed to yield the right of way to an oncoming pickup truck and D, and one of his infant daughters were thrown from the automobile. The girl eventually died from her injuries. P obtained an indictment for second-degree manslaughter from the grand jury. D was convicted of reckless homicide by a trial jury and was sentenced to one-year imprisonment which was probated by the trial judge for three years. D appealed. The Court of Appeals reversed. The violation of the statute could not create tort negligence, and therefore it could not possibly constitute recklessness under a criminal statute. The Court of Appeals found that the failure to secure the child could in no way be the immediate or direct cause of her death. P appealed.