Nature of the Case
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Facts
Officer Kane attempted to arrest D for possession of marijuana. D broke free of Kane's grasp and began running toward a bridge, which spans the Ohio River. Kane radioed for assistance and pursued D on foot 'at a sprint.' D reached the bridge and vaulted over the concrete barrier between the roadway and the walkway and began running north on the walkway toward Cincinnati. Kane jumped down from a concrete barrier to the walkway and continued his pursuit. Officer Partin and two other officers responded to Kane's request for assistance and arrived at the bridge almost simultaneously in three separate vehicles. Partin's police cruiser proceeded past the point where D was running and stopped. D reversed course and began running back toward Kane. Kane ordered D to 'get down,' whereupon, D raised both hands above his head and fell to his knees in apparent submission. Kane got on top of D and cuffed him. Partin had exited his vehicle, proceed to the concrete barrier, place his left hand on the barrier, then vault over the barrier 'as if he had done it a million times before,' and disappeared. The concrete barrier was thirty-two inches high. The railing of the walkway was forty-three inches high. There was a forty-one-inch-wide open space between the concrete barrier and the walkway railing. Partin fell through the open space into the river ninety-four feet below. His body was recovered four months later. D was convicted of manslaughter in the second degree. The court of appeals affirmed. D appealed contending he should not be criminally liable for the death from Partin’s volitional conduct.
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