State v. Christian

841 A.2d 1158 (2004)

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Nature of the Case

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Facts

D went to a bar with Victoria Ryan, and the victim's roommate, Alexander Imperatrice. D, Victoria, and Imperatrice all consumed alcohol. Two hours later they left the bar and, with Imperatrice driving, proceeded to Victoria's residence. D and Victoria told Imperatrice that they were 'going back out.' They drove off, with Victoria driving. About 30 minutes later Debra Wilson was traveling on Suffield Street when she noticed that the car in front of her did not have its headlights illuminated. The headlights remained unlit for approximately one mile. Wilson continued on Suffield Street and she noticed that the car in front of her had increased its speed and was 'pulling away' from her, although she was traveling at a rate of ten or fifteen miles above the posted speed limit. Soon thereafter, Wilson lost sight of the other car's taillights. As Wilson continued on Suffield Street the road curved sharply to the right and passed under a railroad overpass. Wilson observed that the guard posts along the left side of the road had been knocked down. She stopped her vehicle, whereupon she observed Victoria's car resting under the railroad overpass, in a creek at the bottom of a six-and-one-half foot embankment off the side of the road, with steam rising from the front of the car. Wilson drove to her house and called 911. She returned to the accident scene and pointed a flashlight at the car. She yelled that she had just called 911, and a male voice responded, 'Thank you.' Police arrived at the scene shortly thereafter. Officers arrived and both observed that the car's driver's side door was open and that D was sitting in the creek, unconscious, with his back against the open driver's side door and his body slumped forward into the driver's seat area. Victoria 'was in the passenger seat with her buttocks fully in the seat.' She was not wearing a seat belt. Victoria was a relatively large woman, approximately five feet eight inches tall and weighing approximately 200 pounds, and it took the concerted efforts of five officers and firefighters to remove her from the car and carry her up the embankment. She never regained consciousness. On the way to the hospital, D told both EMTs that he had been driving to a bar in Southwick. D had a blood alcohol level of 0.20, twice the legal limit. Victoria was pronounced dead. D’s wife, Joan was just finishing her shift as a waitress when she got a phone call about the accident. She went to the hospital and talked to D and was told by D that he had been driving. D then made motions with his hands as though he were operating a steering wheel. Joan quickly covered D's hands with her own and 'hushed' him, to prevent him from making any further incriminating statements. Imperatrice and the physicians entered the room immediately thereafter. D was charged with manslaughter in the second degree and DUI. D argued that the victim had been driving her car at the time of the accident and that he had been in the passenger seat. P presented the testimony of the EMTs who testified that D repeatedly had told them that he had been driving at the time of the accident. The state also presented the testimony of D's estranged wife, who stated over D's objection, that D had told her that he had been driving at the time of the accident. Joan testified on voir dire that at the time of trial, she and D were separated and in the process of getting divorced. At the time of the accident she and D still were living together, the marriage 'was very rocky' and it 'went downhill' after the night of the accident. She testified that the marriage was over and that she did not feel that preserving the confidentiality of D's statement would have any effect on repairing the marriage. Based on forensic analysis of the evidence that there was a reasonable degree of certainty that D had been driving at the time of the accident. D was found guilty.