Nature of the Case
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Facts
D drove his snowmobile at a speed of 58 miles per hour (mph) on a lake where people were ice fishing. D did so after drinking several alcoholic beverages. D struck an eight-year-old child and the child's father. The child later died. D was indicted in part for third-degree murder. A father and mother, one of their daughters, and their eight-year-old son went to a lake to ice fish. They arrived at their ice-fishing spot at about 7:30 p.m. The spot they picked was in an area of the lake just south of where 'there's a lot of other fish houses and different stuff on the lake.' It was 'dark enough where you would have to turn your lights on.' But not all of the fish houses and vehicles on the lake had lights on. Their fish house is over six feet tall and has reflectors on all four corners. The family heard a snowmobile start 'a little ways' from their pickup truck. Mother and son were outside near the truck. The child was 'very interested' in snowmobiles, and 'walked down to the end of the truck to watch the snowmobile go by.' Mother then observed the snowmobile 'coming right towards' them, and 'tried to yell for her son to get out of the way.' But 'as soon as [mother] could tell him to get out of the way,' the 'snowmobile . . . hit the truck and hit [the child] and went straight through the [fish] house.' Both father and his son were injured. The child was airlifted to a hospital and died several days later from his injuries. D admitted driving his snowmobile and hitting the pickup truck. The officer testified that D displayed bloodshot and watery or glassy eyes, consistent with possible impairment. A blood test revealed that D had an alcohol concentration of 0.165 approximately three hours after the incident. D claimed he drank several higher-alcohol-content beers before he went to the lake. D consumed another beer at the lake. D admitted that he operated the snowmobile at a speed of 58 miles per hour just before hitting the truck. D admitted that he was aware that drinking and driving is dangerous, and that people die from drinking and driving, because that information is 'general, public knowledge.' D also admitted that he was involved in a prior alcohol-related crash in which the driver of the other vehicle involved was injured. D testified that he does not remember anything from that crash because he had an alcohol concentration over 0.30, and was 'blacked out' drunk. D was found guilty and appealed.
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