Conrad v. Commonwealth

521 S.E.2d 321 (1999)

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Nature of the Case

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Facts

D fell asleep at the wheel of his automobile and drove off the road, striking and killing Judy Dahlkemper, who was jogging on the side of the road. Officer R.J. Smith described Dt as 'extremely tired' with bloodshot eyes and a faint odor of alcohol about his person. D told Smith that he had last slept on May 10, the day before the accident, arising at 11:00 a.m. after six hours of sleep. D worked a shift at the retail store, ran errands, practiced with his band, and went to the home of a friend in Richmond. While at his friend's home, between about 11:00 p.m. and 1:30 a.m., D consumed about fifty ounces of beer. D remained at his friend's home, awake and watching television, until about 8:45 a.m. on May 11, at which time he left to drive home. D testified that he was not sleepy before he left for home and that it had not occurred to him that he might fall asleep on the drive home. As D exited Interstate 64, 'he really got tired and felt himself going to sleep.' Because he was only about four-and-one-half miles from home, 'he did not really want to stop.' D ran off the road only after dozing off for a half-second, and had caught himself drifting four or five times, still nodding, but would snap out of it. A little over one-half mile from his home, he fell asleep and heard a loud noise. He saw the body and stopped his vehicle. Harris had been driving behind D, who was traveling at the forty-five-mile-per-hour speed limit. Harris traveled approximately two-tenths of a mile before Harris saw his car veer right into a turn lane and strike the jogger. D did not brake prior to impact. Dahlkemper had been jogging eighteen inches from the edge of the pavement when she was struck, and Smith confirmed that D had not applied his brakes prior to impact. The trial court found that Ds actions constituted a gross, wanton disregard for human life. The court found that D was operating a motor vehicle in a state [that he knew very well or should have known very well that he may fall asleep. D was convicted of involuntary manslaughter. D appealed and the conviction was overturned. P appealed.