Nature of the Case
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Facts
The evidence produced at trial indicated that D voluntarily drank in a bar to the point of intoxication. After becoming intoxicated he drove recklessly, speeding, running through stop signs and stoplights, and failing to slow for yield signs. His passenger at the time, Kathy Hill, told him that his driving scared her. D and Kathy Hill then went to another bar and had more drinks. D and Hill then left the bar and while they were approaching his truck on foot, D was stopped by two uniformed police officers in a patrol car. One of the officers told D not to drive because he was too intoxicated. D and Hill walked back toward the bar until the officers were out of sight. They then returned to his truck and drove away. Once again, with Hill protesting, D drove over the speed limit and ran red lights and stop signs. D then dropped Kathy Hill off and continued to drive around. D was seen by Steve Call when D ran a red light on the highway, going through the light at a high rate of speed and passing two cars which were stopped at the light. D was going faster than the speed limit as well. As they approached the next intersection Call could clearly see the red light against them and the cars stopping. D got around the cars which were stopping bypassing them in the right turn lane, going into the intersection without braking or slowing down. D collided with one of the cars entering the intersection on the green light. The impact of the collision knocked the Datsun 146 feet, killing two of the three people in the car and seriously injuring the third. D was charged with two counts of murder in the second degree, and one count of assault in the second degree. D was convicted on all three counts. D appealed.
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