State v. Hernandez

815 S.W.2d 67 (1991)

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Nature of the Case

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Facts

Cecil Barrymore was killed as a result of a motor vehicle accident. Barrymore's employer, Robert Butcher, and the employer's son, Kevin, were also injured in the accident. Robert was driving a truck in which his son, Kevin, and Barrymore were passengers. The truck was traveling in a southerly direction when it was struck by a van that was traveling in the opposite direction on the same highway. The van was operated by D. Robert first saw the van coming around a curve, sliding into the wrong lane of travel. Two of the van's wheels were off the ground. Butcher applied his brakes and pulled his truck as far to his right as possible. The van returned to its proper lane then came back into Butcher's lane of traffic and collided with Butcher's truck. The truck was knocked into the ditch that ran alongside the roadway and the van overturned in an adjacent field. D was thrown from the van. D was asked if he had been drinking. D replied that he had drunk 'a 12-pack and some whiskey.' D's conduct was described as erratic. Trooper Janzekovich stated that D's 'speech was also slurred and his tongue was thick.' In Trooper Janzekovich's opinion, D was intoxicated. Cecil Barrymore was pronounced dead. Cecil Barrymore died as a result of injuries sustained from the accident. The van operated by D was registered to him, and the insurance certificates for the vehicle were issued to him. The sun visor from the interior of the van was received in evidence over D's objection, as was a sign that had been attached to the back window of D's van. There were stickers and pins attached to the visor. The stickers, pins, and the sign had various slogans printed on them, including: 'The more I drink, the better you look'; 'Reality is for those who can't stay drunk'; 'Member beer drinkers hall of fame'; 'I only drink to make other people more interesting'; 'A woman drove me to drink. Now I can't thank her enough'; 'I never drink before five. It's too early in the morning!'; 'Suds sucker'; 'Hell on wheels'; 'All American drinking team'; and 'I love older whiskey and younger women.' D was charged with involuntary manslaughter. D contends that the trial court erred in admitting into evidence the signs, stickers, and pins with the statements containing 'drinking slogans.' D contends that those items were irrelevant to the criminal charges against him. He argues that the drinking slogans that were admitted in evidence were used to try to show him to be the 'type' person who would commit the crime in question. P contends that the evidence was relevant to show that D was aware of the risks of drinking and driving. D was convicted and appealed.