Chavis v. State, 1 Div. 575

• Decision Date: 22 March 1988
• Docket Number: 1 Div. 575
• Citation: 526 So.2d 659
• Parties: Darryl CHAVIS v. STATE.
• Court: Alabama Court of Criminal Appeals

Page 659

526 So.2d 659

Darryl CHAVIS v. STATE.

1 Div. 575.

Court of Criminal Appeals of Alabama.

March 22, 1988.

Rehearing Denied April 12, 1988.

Certiorari Denied May 27, 1988

Alabama Supreme Court 87-876.

John G. Cherry, Jr., Bay Minette, for appellant.

Don Siegelman, Atty. Gen., and Andy S. Poole, Asst. Atty. Gen., for appellee.

TAYLOR, Judge.

The appellant, Darryl Chavis, was indicted for manslaughter in connection with the death of Laura Rewertz, a violation of § 13A-6-3, Code of Alabama 1975. After a trial by jury, appellant was found guilty of the lesser included offense of criminally negligent homicide, a violation of § 13A-6-4, Code of Alabama 1975. He was sentenced to one year in the Baldwin County Jail and fined $250.

The evidence tended to show that during the early morning hours of July 4, 1985, the appellant was driving a 1976 Ford Econoline van along Interstate 10 in Baldwin County. Approximately two miles west of the Florida state line, appellant's van rear-ended a 1979 Toyota automobile. The impact killed Laura Rewertz, who was sitting in the driver's seat of the car. The collision also injured her seven-year-old daughter, a passenger.

Trooper Edward Norman and accident investigator Sergeant George Smith of the State Department of Public Safety conducted an on-site investigation of the accident. Based on the physical evidence, and an accident reconstruction, they concluded that the Toyota was parked in the emergency lane on the shoulder of the road, approximately four feet off the roadway, when struck by appellant's van. The trooopers estimated that the speed of the van was no less than 70 miles per hour and no more than 80 miles per hour. Also, Sergeant Smith determined that the victim's car was struck nearly directly, and not from an angle, in the rear. Trooper Norman stated that since the car's rear wheels were locked, there was no way that the car could have been moving at the time of the accident.

The appellant was not at the scene of the accident when the troopers first arrived, but he came back later and acknowledged that he was the driver of the van. Appellant stated that he had gone to the Florida welcome station to call for help. When Trooper Norman asked to see appellant's driver's license, appellant told him that the State of Florida had suspended his license. While still at the scene, Trooper Norman attempted to have the appellant tested to determine his blood alcohol content, but this was not accomplished because appellant was complaining of head and body pains. Appellant was transported to a local hospital for treatment. He had suffered a partially collapsed right lung, a broken right hand, and injuries to his side.

Almost thirteen hours after the accident, Sergeant Smith interviewed appellant in the hospital. After being advised of his Miranda rights, appellant told the investigator that he and his passenger had been in Mobile and were returning to their home in Niceville, Florida, when the collision occurred. He stated that he was driving along the interstate at approximately 55 miles per hour when the Toyota pulled into his lane of traffic from the emergency lane. He added that he had consumed fewer than three beers, and that he had not slept in the 21 hours prior to the accident.

At trial, appellant testified in his own behalf. He stated that, on the night in question, he was getting sleepy and attempted to wake up his passenger so that he could take over the driving. Moments later he struck Mrs. Rewertz's car. He testified that the victim's car "seemed to be pulling out in front of me and I didn't have a chance to hit the brakes. I just jerked the wheel like that and it just, we hit...." He denied that he was speeding and denied running off the road and hitting the car.

I

Appellant first contends that the trial court erred in refusing to allow him to place...