Schooler v. Com., 1825-90-2

• Citation: 417 S.E.2d 110,14 Va.App. 418
• Decision Date: 05 May 1992
• Docket Number: No. 1825-90-2,1825-90-2
• Parties: Johnny Paul SCHOOLER v. COMMONWEALTH of Virginia. Record
• Court: Court of Appeals of Virginia

Page 110

417 S.E.2d 110 14 Va.App. 418 Johnny Paul SCHOOLER
v.
COMMONWEALTH of Virginia. Record No. 1825-90-2. Court of Appeals of Virginia. May 5, 1992.

[14 Va.App. 419] Cheri L. Hodges, Richmond (Wells, Paris, Blank & Brown, on briefs), for appellant.

H. Elizabeth Shaffer, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on briefs), for appellee.

Present: WILLIS, BENTON and BRAY, JJ.

BRAY, Judge.

Johnny Paul Schooler (defendant) was convicted in a bench trial of involuntary manslaughter and sentenced to three years imprisonment, all of which was suspended. On appeal, he contends that the trial court erred in admitting into evidence the opinion of an accident reconstruction expert. We agree and reverse the conviction.

The record discloses that Henrico County Police Officer Brian Cook (Cook), while on routine patrol, noticed an automobile "drifting over the center line" of the roadway and decided to "stop the vehicle ... for a possible D.U.I." Cook activated his blue lights, high beams and spotlight, but the suspect vehicle only slowed, without stopping. As Cook followed, the vehicle increased speed and Cook pursued, with his siren on.

During the chase, both vehicles passed another automobile at speeds estimated by that driver at "85 or 90 m.p.h." Moments later, Cook "lost sight" of the fleeing car in a curve and, as he "came around the corner," "saw a large amount of debris coming from the roadway." Cook "immediately ... hit the brakes," but collided with the suspect vehicle.

Subsequent investigation revealed that defendant was the operator of the automobile and had been accompanied by a passenger. The passenger's body was found approximately twenty feet from defendant's vehicle, and he died as a result of injuries suffered in the accident.

Page 111

At trial, the Commonwealth presented Officer J.T. Cipolla (Cipolla) as "an expert in the field of crash reconstruction." Over defendant's objection, Cipolla was allowed to relate his findings at the scene of the accident and to state his resulting opinion that defendant's vehicle "impacted the tree on the left front grill area [14 Va.App. 420] on the left hand side of the vehicle" and then "rotated to the right re-entering the roadway in front of the police vehicle."

It is well settled in Virginia that the opinion of an expert witness is admissible "where 'the jury, or the court trying a case without a jury, is confronted with issues' " that " 'cannot be determined intelligently merely from the deductions made and inferences drawn on the basis of ordinary knowledge, common sense, and practical experience gained in the ordinary affairs of life' " and thus require " 'scientific or specialized knowledge.' " Compton v. Commonwealth, 219 Va. 716, 726, 250 S.E.2d 749, 755-56 (1979) (quoting 31 Am.Jur.2d Expert and Opinion Evidence § 16 (1967)); see also Swiney v. Overby, 237 Va. 231, 233, 377 S.E.2d 372, 374 (1989); Hubbard v. Commonwealth, 12 Va.App. 250, 254, 403 S.E.2d 708, 710 (1991), aff'd on other grounds, 243 Va. 1, 413 S.E.2d 875 (1992). Conversely, "where the facts and circumstances shown in evidence are such that men of ordinary intelligence are capable of comprehending them, forming an intelligent opinion about them, and drawing their own conclusions," expert opinion "founded upon such facts is inadmissible." Venable v. Stockner, 200 Va. 900, 904, 108 S.E.2d 380, 383 (1959); see also Bond v. Commonwealth, 226 Va. 534, 538, 311 S.E.2d 769, 771 (1984); Grasty v. Tanner, 206 Va. 723, 726, 146 S.E.2d 252, 254 (1966); Hubbard, 12 Va.App. at 254, 403 S.E.2d at 710; Callahan v. Commonwealth, 8 Va.App. 135, 138, 379 S.E.2d 476, 478 (1989).

The Supreme...