People v. Williams

• Decision Date: 16 June 2022
• Docket Number: 111989
• Citation: 206 A.D.3d 1282,171 N.Y.S.3d 217
• Parties: The PEOPLE of the State of New York, Respondent, v. Ryan B. WILLIAMS, Appellant.
• Court: New York Supreme Court — Appellate Division

206 A.D.3d 1282

171 N.Y.S.3d 217

The PEOPLE of the State of New York, Respondent,

v.Ryan B. WILLIAMS, Appellant.

111989

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: April 21, 2022

Decided and Entered: June 16, 2022

Karen G. Leslie, Riverhead, for appellant.

David J. Clegg, District Attorney, Kingston (Lauren D. Konsul, New York State Prosecutors Training Institute, Inc., Albany, of counsel), for respondent.

Before: Lynch, J.P., Clark, Pritzker, Colangelo and McShan, JJ.

MEMORANDUM AND ORDER

Clark, J. Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered July 2, 2019, upon a verdict convicting defendant of the crimes of murder in the second degree, aggravated vehicular homicide (four counts), aggravated unlicensed operation of a motor vehicle in the first degree, assault in the second degree (two counts) and unlawfully fleeing a police officer in a motor vehicle in the first degree.

In July 2018, a police officer attempted to effectuate a traffic stop of a vehicle driven by defendant after receiving a report of erratic driving. After momentarily complying with the stop, defendant elected to flee and a high-speed chase ensued, which ultimately led to defendant's collision with two vehicles, resulting in the death of one victim and serious physical injuries to two others. Defendant, unconscious, was medevacked from the scene of the accident and his blood was drawn upon intake at the hospital. Testing of that blood revealed that his blood alcohol content was .33%. For his conduct, defendant was charged with one count of murder in the second degree (depraved indifference murder), four counts of aggravated vehicular homicide, one count of aggravated unlicensed operation of a motor vehicle in the first degree, two counts of assault in the second degree, one count of unlawfully fleeing a police officer in a motor vehicle in the first degree and one count of manslaughter in the second degree. Following a jury trial, defendant was convicted as charged apart from the manslaughter count, which was dismissed as a lesser included offense of murder in the second degree. He was then sentenced to concurrent prison terms, the greatest of which was 25 years to life. He appeals.

Defendant first contends that the evidence supporting his conviction of murder in the second degree is legally insufficient to prove the requisite mens rea of depraved indifference to human life. His argument, however, was not adequately preserved by his general motion for a trial order of dismissal (see People v. Jones, 202 A.D.3d 1285, 1286, 162 N.Y.S.3d 559 [2022] ; People v. Mazzeo, 202 A.D.3d 1279, 1280, 164 N.Y.S.3d 220 [2022] ). Nevertheless, defendant also argues that his conviction is against the weight of the evidence, and it therefore remains our duty to ensure that the People established each element of depraved indifference murder beyond a reasonable doubt (see People v. Hodgins, 202 A.D.3d 1377, 1378–1379, 162 N.Y.S.3d 569 [2022] ; People v. Taylor, 196 A.D.3d 851, 852, 148 N.Y.S.3d 547 [2021], lvs denied 37 N.Y.3d 1025, 1030, 153 N.Y.S.3d 411, 175 N.E.3d 436 [2021]). They did not.

To support their charge, the People were required to prove that, "[u]nder circumstances evincing a depraved indifference to human life, [defendant] recklessly engage[d] in conduct which create[d] a grave risk of death to another person, and thereby cause[d] the death of another person" ( Penal Law § 125.25[2] ). "[D]epraved indifference is best understood as an utter disregard for the value of human life – a willingness to act not because one intends harm, but because one simply does[ not] care whether grievous harm results or not" ( People v. Feingold, 7 N.Y.3d 288, 296, 819 N.Y.S.2d 691, 852 N.E.2d 1163 [2006] [internal quotation marks and citation omitted]; see People v. Maldonado, 24 N.Y.3d 48, 52–53, 993 N.Y.S.2d 680, 18 N.E.3d 391 [2014] ; People v. Heidgen, 22 N.Y.3d 259, 274–276, 980 N.Y.S.2d 320, 3 N.E.3d 657 [2013] ). "Reflecting wickedness, evil or inhumanity, as manifested by brutal, heinous and despicable acts, depraved indifference is embodied in conduct that is so wanton, so deficient in a moral sense of concern, so devoid of regard of the life or lives of others, and so blameworthy as to render the actor as culpable as one whose conscious objective is to kill" ( People v. Suarez, 6 N.Y.3d 202, 214, 811 N.Y.S.2d 267, 844 N.E.2d 721 [2005] [internal quotation marks and citation omitted]; see People v. Hurdle, 106 A.D.3d 1100, 1102–1103, 965 N.Y.S.2d 626 [2013], lvs denied 22 N.Y.3d 956, 996, 977 N.Y.S.2d 187, 981 N.Y.S.2d 2, 999 N.E.2d 552, 3 N.E.3d 1170 [2013]; People v. Green, 104 A.D.3d 126, 129–130, 958 N.Y.S.2d 138 [2013] ). "Due to the wanton nature of this mens rea, ‘depraved indifference murder properly applies only to a small, and finite, category of cases where the conduct is at least as morally reprehensible as intentional murder’ " ( People v. Maldonado, 24 N.Y.3d at 53, 993 N.Y.S.2d 680, 18 N.E.3d 391, quoting People v. Suarez, 6 N.Y.3d at 207, 811 N.Y.S.2d 267, 844 N.E.2d 721 ; see generally People v. Barboni, 21 N.Y.3d 393, 408, 408 n., 971 N.Y.S.2d 729, 994 N.E.2d 820 [2013, Smith, J., concurring]). As courts have observed, "cases involving a depraved indifference to human life are highly fact-specific," and such a mental state "may be extremely difficult to establish," even circumstantially ( People v. Heidgen, 22 N.Y.3d at 276, 980 N.Y.S.2d 320, 3 N.E.3d 657 ; see People v. Feingold, 7 N.Y.3d at 296, 819 N.Y.S.2d 691, 852 N.E.2d 1163 ; People v. Herrera, 202 A.D.3d 517, 517, 162 N.Y.S.3d 61 [2022] ).

The evidence at trial demonstrated that at approximately 7:00 p.m. on one evening in July 2018, defendant, operating a Porsche Cayenne with a suspended or revoked license, approached the intersection of Milton Turnpike and U.S. Route 9W in the Town of Marlborough, Ulster County, at a high rate of speed, his brakes "screeching" as he came to a stop for a red traffic light. The driver of a Jeep Grand Cherokee that had been stopped at that light testified that the sound caused him to "jump forward," but not into the intersection, whereas the Jeep's front seat passenger, the driver's wife, stated that her husband had to "jerk[ ] the Jeep over to get out of the way." At that time, the Porsche was two cars behind the Jeep. When the light turned green, both vehicles turned left onto U.S. Route 9W, heading north, at which point there was one lane of traffic in each direction. The driver of the Jeep believed that the Porsche was "driving a little bit erratic[ally]," which he described as partially "going over the white line" once, "creating a bunch of dust off the side of the road," and partially "crossing over the double yellow line" twice. He also indicated, however, that, for the one to two miles that the Porsche was driving behind him, he "didn't feel threatened ... at all" and "wasn't really worried." The Jeep's front seat passenger called 911.

While that call was being made, both vehicles came to a stop at a red traffic light where there were two northbound lanes. The driver of the Jeep testified that, as the Porsche pulled up to the light in the lane next to him, it "almost clipped" the Jeep. The occupants of the Jeep were then able to observe defendant, describing him as having a "blank stare in his eye" or as "looking right through" them while both vehicles sat at the light. When the light turned green, the Jeep waited for defendant to move ahead first. Defendant, initially unaware that the light had changed, took 10 to 15 seconds to respond, but, after other vehicles began honking their horns to alert defendant to the light, he "took off" on what was now a four-lane highway. A marked police vehicle ultimately located and began to follow the Porsche on a stretch of U.S. Route 9W where guardrails separated the opposing lanes of traffic.

As defendant was slowing down for a red arrow and signaling to turn left onto State Route 299, the officer who had been following him activated his lights and effectuated a traffic stop of the Porsche. Defendant, who had come to a stop somewhat beyond the line at the traffic light, initially complied, completing his left-hand turn once the traffic light turned green and pulling over onto the right shoulder. However, after waiting for the officer to exit his vehicle and begin to approach the Porsche, defendant fled, creating a cloud of dust off the side of the road as he began to travel down the right shoulder. A high-speed chase westbound on State Route 299 ensued, and at least three other marked law enforcement vehicles joined in the pursuit, each traveling approximately 100 miles per hour (hereinafter mph) in attempts to catch up to defendant in the 55–mph zone.

During the pursuit, which lasted for about three miles, several witnesses observed defendant "swerving" or passing vehicles on the right via the paved shoulder, which, at most points, was roughly equal in width to a lane of traffic. A paramedic traveling eastbound on State Route 299 observed the Porsche moments before the subject collision. She testified that the vehicle, now traveling in the middle turning lane that separated the opposing lanes of traffic, came within "a couple feet" of the front of the ambulance as it passed her, but, in her view, the Porsche was not really swerving at that time. Video evidence obtained from various dashboard cameras reveals that traffic at the time of the pursuit was generally light and that the subject stretch of State Route 299 was largely rural with some interspersed businesses. During the pursuit, defendant passed through one intersection with a traffic light, which appears to have been green at the time.

The subject collision took place in the immediate vicinity of the intersection of State Route 299 and South Street in the Town of Lloyd, Ulster County. When approaching that intersection traveling westbound, State Route 299 had three westbound...