State Ex Rel. Thomas v. Duncan

165 P.3d 238 (2007)

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Nature of the Case

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Facts

D was driving his truck with his brother seated in the passenger seat. Reagan alleges that he was involved in a road rage incident. The occupants of the other vehicle involved in the incident 'made threats that led him to believe that he and his brother were in danger of being seriously injured or perhaps killed.' D tried to drive away, but the other vehicle chased him. D claims he was 'fearful and remembers driving quickly because they were being chased and he wanted to get away from the danger.' Witnesses claimed to have seen another truck either racing with or chasing D's car. Reagan ran a red light at seventy-nine to eighty-four miles per hour in a forty mile per hour zone and struck the victim's car, killing her. D had a blood alcohol content of .093 at the time. P charged D with manslaughter. P filed a motion to preclude D from introducing evidence of the chase, arguing it went to the justification defense and was prohibited. D argued that evidence that he was being chased and feared for his and his brother's lives is relevant and admissible as to the mens rea 'recklessly.' D argues that because of the chase he was not 'aware of' nor did he 'consciously disregard' the risk. The trial court denied P’s motion and P filed a special action.