Taylor V State

644 S.E.2d 850 (2007)

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Nature of the Case

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Facts

Railey owned and operated a wrecker service. Railey drove a wrecker and stopped to purchase diesel fuel. When Railey finished fueling the wrecker, he headed for the business office to complete his purchase. Railey was struck by an accelerating motor vehicle. He was thrown into the air and landed on the pavement; he tried to get up but was unable to do so. A passing motorist called 911 and gave chase. The motorist was able to remain in contact with police and apprise them of the sedan's route. A police officer passed the motorist, fell in behind the sedan, and pulled it over. Other officers arrived on the scene. D exited the vehicle and was placed under arrest. A search of the vehicle found numerous items, including a manila envelope upon which the victim's name was written. Police discovered various legal documents stemming from a year-long dispute between D and the victim. Railey was taken to the hospital where he was admitted with multiple fractures and deep bruises on his right leg. After a short hospital stay, he was discharged and he was sent home to recuperate. Sixteen days after he was injured, Railey suddenly collapsed. Emergency personnel were summoned but he died shortly thereafter. The medical examiner determined that pulmonary thromboemboli, which were the result of the injuries to the victim's right leg, caused the death. P charged D with malice murder. P produced evidence that D intended to kill Railey. D had previously filed a civil action against Railey and an affidavit drafted by D to support an arrest warrant for Railey was found. D was convicted of malice murder and appealed.