People v. Moore

Facts

D was speeding through Pasadena in his Nissan Pathfinder and was angry because someone had burglarized his apartment while he attended his bachelor party in Mexico. He blamed his fiancée for not being at the apartment to take care of his things. The speed is 35 miles per hour. D passed Annemarie Phillips at a high rate of speed. Phillips estimated his speed at 80 to 90 miles per hour. In passing Phillips, D crossed over into the southbound lane. Moore also passed Yolanda Chan. As he passed, he straddled the double yellow line. Cars heading southbound moved out of his way. As D approached the intersection of Hill Avenue and Washington Boulevard, he checked his speedometer. He was going about 70 miles per hour. A white Toyota Corolla was crossing the intersection on Washington Boulevard. D saw the car and noticed that the traffic signal for Hill Avenue was red. P did not try to stop because he was going too fast. A collision occurred and a passenger in the Toyota, Bertha Vasquez Arias, was killed. The driver of the BMW, Zaruhi Ovesepyan, suffered a broken arm. D did not get out of his Pathfinder to check on the victims. Instead, he continued to drive north on Hill Avenue. Officer Cass saw D's Pathfinder on Allen Avenue. It was traveling about 40 to 45 miles per hour in a 25-mile-per-hour zone. It had smoke or steam pouring from under its front end, and major front-end damage. Cass turned on his patrol car's lights and siren and pursued D. D continued driving through intersections without stopping at stop signs. Multiple police cars arrived and followed d until he turned into the driveway of his residence. D got out of his car, Cass grabbed his arm. D attempted to pull his arm from the officer's grasp. Officers ordered him to stop resisting, but he did not comply. Eventually, three officers subdued him by taking him to the ground. D was convicted of second-degree murder and appealed.

Issues

Rule of Law

Holding and Decision

Legal Analysis

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