Commonwealth v. Duffy, No. 03-P-1201 (MA 11/19/2004), 03-P-1201.
| Decision Date | 19 November 2004 |
| Docket Number | No. 03-P-1201.,03-P-1201. |
| Parties | COMMONWEALTH vs . JAMES DUFFY. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Motor Vehicle, Operating to endanger. Practice, Criminal, Instructions to jury, Argument by prosecutor.
Steven Reilly for the defendant.
David B. Mark, Assistant District Attorney, for the Commonwealth.
On June 19, 2002, a criminal complaint issued against the defendant charging him with negligent operation of a motor vehicle, racing a motor vehicle, and speeding. After a trial, the jury returned a guilty verdict on the negligent operation charge, and not guilty on the racing offense. The judge found the defendant responsible for the speeding offense and assessed a fine. The defendant was sentenced to two years in a house of correction on the negligent operation conviction.
On appeal, the defendant claims that the judge committed error in (1) denying the defendant's motion for required finding of not guilty on the negligent operation offense; (2) admitting evidence of an accident involving another party; and (3) instructing the jury incorrectly on negligence. The defendant also claims that the prosecutor made improper comments in his closing argument.
1. Denial of motion for required findings of not guilty. To establish guilt under the driving to endanger statute, G. L. c. 90, § 24(2)(a), the Commonwealth must prove that the defendant (1) operated a motor vehicle, (2) upon a public way, (3) (recklessly or) negligently so that the lives or safety of the public might be endangered.1 See Commonwealth v. Jones, 382 Mass. 387, 392 (1981). The defendant claims that there was a failure of proof as to the third factor — that he had operated a motor vehicle negligently so that the lives and safety of the public might be endangered.
The evidence viewed in the light most favorable to the Commonwealth shows that in the latter part of the afternoon on Memorial Day, May 27, 2002, Richard Hall was in his yard, grilling food. Hall had lived in the same house on High Street for approximately sixteen years. He described the neighborhood as a thickly settled one, located about seven-tenths of a mile from the center of town. From his house, Hall could see on High Street a distance of about 150 yards east to a curve in the road, and about 250 yards west, where the road veered sharply to the left. At least two streets intersected High Street between Hall's house and the sharp left turn to the west. There were no sidewalks or curbs on this portion of the street; rather, it abutted the lawns of the adjoining property owners. The posted speed limit was thirty miles per hour.
Hall's attention was drawn to the noise made by a group of motorcycles that sounded as though they were accelerating toward his house. Because Hall had owned thirteen motorcycles over the course of his life, he walked to the end of his driveway to see if he could see the vehicles. Three motorcycles came within Hall's view as they rounded the curve to east of his house, then traveled single file on High Street, past Hall's location and headed west, around the sharp left turn. Hall described the first motorcycle in line as an older Japanese model that was red or burgundy in color and the second and third motorcycles as smaller racing style bikes, that were yellow and blue, respectively. Hall estimated their speed to be about sixty to seventy miles per hour as they traveled the approximately 400 yards of High Street that he could see from the front of his house, slowing only as they took the sharp left turn at the western end. According to Hall, each motorcycle slowed to what appeared to be speeds below the limit as they took the left turn. Once out of Hall's sight, he again heard them accelerating.
About ten minutes later, Hall heard the sound of police sirens passing his house, in the direction he had last seen the motorcycles traveling. Hall drove around the corner and saw the three motorcycles. The blue motorcycle appeared to have struck a rock and the rider seriously injured. Hall identified the defendant as one of the individuals at the scene.
Officer Thomas McCafferty of the North Attleboro police department was dispatched to the scene, where he spoke to the defendant. The defendant told him that the operator of the blue motorcycle had passed his motorcycle at a speed of between sixty-five and seventy-five miles per hour, lost control, and crashed.
The issue on appeal is whether the defendant operated his motor vehicle negligently so that the lives or safety of the public might be endangered. Excessive speed, by itself, does not mandate such a finding, but it can be considered in combination with other evidence, in determining whether the defendant's operation constituted negligent operation. Commonwealth v. Campbell, 394 Mass. 77, 83 n.5 (1985) ().2
Here, there is evidence the defendant's speed was not merely over the posted limit, but was more than twice that permitted on the road he was traveling. See Connors v. Boland, 282 Mass. 518, 522 (1933) (). In addition, the defendant was speeding through a thickly settled neighborhood on a holiday afternoon. There were no curbs to restrain any vehicle from going off the road. Thus, when the defendant's speed is viewed in relation to the time and place that he was traveling, the risk it posed to the lives and safety of the public becomes clear. Because the defendant was traveling at such a high rate of speed, his ability to control his motorcycle was significantly impaired,...
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