Nature of the Case
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Facts
McFadden (D) and another driver held a drag race on a Des Moines city street. The other driver, Sulgrove, lost control of his vehicle and swerved into oncoming traffic wherein a six-year-old passenger in that car was killed along with Sulgrove. D's car did not even contact either of the two wrecked vehicles. D was charged with two counts of involuntary manslaughter. D was convicted and appealed.
More detailed facts left out of the casebook: On Saturday morning, April 5, 1980, a green car driven by Sulgrove was observed moving at a high rate of speed off the exit ramp of the MacVicar Freeway onto Southeast Fourteenth Street, a multi-lane city street. In making his exit, Sulgrove hit a curb, 'fishtailed,' and then entered the southbound traffic on Southeast Fourteenth. Traffic was fairly heavy at this point, and Sulgrove moved from one southbound lane to another trying unsuccessfully to pass cars and get ahead. Farther down the street, which had narrowed to two northbound and two southbound lanes, Sulgrove's car was seen traveling at a 'fairly high' rate of speed; it came up behind a red car driven by defendant, an acquaintance of Sulgrove's, just past the Gratis Street intersection. Defendant, traveling at an estimated speed of 40-47 m.p.h., had been in the left southbound lane until just before Sulgrove came up behind him; at that time, defendant pulled his car into the right southbound lane alongside a car in the left lane, thereby preventing Sulgrove from passing. Defendant's maneuver forced Sulgrove to brake suddenly, and Sulgrove's car again 'fishtailed.' After getting past the vehicle which blocked the left lane, the red and green vehicles were observed engaging in what a witness described as a 'cat-and-mouse' game: defendant's red car, traveling generally in the right lane just ahead of Sulgrove's green car, repeatedly blocked Sulgrove's attempts to pass by moving partially into the left lane and then back to the right again when Sulgrove would change lanes. Starting at the Pioneer Street intersection, where the speed limit is 40 m.p.h., a witness who had some experience in drag racing under controlled conditions saw the two cars traveling 'head to head' at an estimated speed of 70-75 m.p.h., with defendant in the right lane and Sulgrove in the left. The witness testified that when the two cars came upon a gold car in the left lane near the Lacona Street intersection, 'neither driver was willing to give up the [competitive] edge in order to negotiate the gold car until at the very last second,' when Sulgrove braked, swerved into the right lane behind defendant, bounced off a curb, and passed the gold car. Sulgrove then got back into the left lane, and the two cars continued southward at a high rate of speed. Because the two vehicles were 'traveling as a pair' in a competitive manner, the witness concluded they were drag-racing.
Beyond the Lacona intersection, Southeast Fourteenth slopes upward and crests twice, the first crest being between Creston and King streets and the second crest being 1126 feet beyond the first. A witness named Jamison who was traveling behind the red and green vehicles testified that he watched both vehicles continue to speed and participate in 'cat-and-mouse' activity up to the top of the second crest, where they dropped out of his sight. Just beyond the second crest, a pickup truck was traveling in the left southbound lane at a normal speed. The pickup driver testified that Sulgrove's car 'came around' her truck at a high rate of speed in the right lane, lost control and skidded across the left lane in front of her. Sulgrove then crossed over the median and struck the northbound Ellis vehicle at a point 263 feet beyond the second crest. The pickup driver did not recall seeing defendant's red car.
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