State v. Cameron, 2015-366

• Citation: 2016 VT 134
• Decision Date: 23 December 2016
• Docket Number: No. 2015-366,2015-366
• Court: United States State Supreme Court of Vermont
• Parties: State of Vermont v. Tristan Cameron

2016 VT 134

State of Vermont
v.
Tristan Cameron

No. 2015-366

Supreme Court of Vermont

September Term, 2016
December 23, 2016

NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinion goes to press.

On Appeal from Superior Court, Franklin Unit, Criminal Division

Alison S. Arms, J.

James A. Hughes, Franklin County State's Attorney, St. Albans, for Plaintiff-Appellee.

Matthew F. Valerio, Defender General, and Sara Puls, Appellate Defender, Montpelier, for Defendant-Appellant.

PRESENT: Reiber, C.J., Dooley, Skoglund, Robinson and Eaton, JJ.

¶ 1. DOOLEY, J. Defendant appeals his conviction under 23 V.S.A. § 1091(b) for grossly negligent operation of a motor vehicle resulting in the death of a passenger. He argues on appeal that there was not enough evidence to convict him, that testimony regarding his marijuana use should have been excluded, that prejudicial juror discussions occurred, and that the trial court's instruction to the jury lowered the standard of proof required for conviction. Because we find that the State presented enough evidence to create a question for the jury, we affirm on the first issue. But because, absent expert testimony, the jury was left to speculate that the State's evidence provided the necessary link between defendant's marijuana use and the grossly negligent operation charge, we reverse and remand for a new trial on the second issue.

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¶ 2. At around two in the afternoon on July 18, 2013, the then seventeen-year-old defendant and a passenger were driving defendant's new car north along Duffy Hill Road. The freshly-graveled dirt road sloped downhill, curved, went back uphill, and then turned to the right around a blind corner at the intersection with Burns Hill Road. The road was bordered by vegetation and rocks, and a ditch stretched along the northbound lane. As defendant drove north, three three-axle farm trucks were travelling south, driving at approximately twenty-five miles per hour. Defendant and the driver of the first truck saw each other as they came around the blind corner from opposite directions. The driver of the first farm truck steered to the right and stopped without incident just off the southbound side of the road. Defendant steered onto the northbound edge of the road, tried to veer away, overcorrected, and lost control of his car. The tail end of defendant's car slid to the left and then back toward the right, turning the car so that the passenger side faced the oncoming trucks. The front passenger door of defendant's car hit the second farm truck on the front driver's side corner as the truck's driver tried to stop. Defendant's passenger was injured in the crash and died the next day as a result of his injuries. Defendant sustained several lacerations, including a deep cut on his head, but was otherwise unharmed.

¶ 3. On December 21, 2013, defendant was charged with grossly negligent operation of a motor vehicle, death resulting, under 23 V.S.A. § 1091(b). A jury convicted defendant after a three-day trial. This appeal followed, raising the issues we noted above. We start with the claim of evidence insufficiency because, if we agree with defendant's position, the result will be to dismiss the case.

¶ 4. Defendant argues that the State did not present sufficient evidence to prove him guilty of grossly negligent operation. He moved for a judgment of acquittal at the end of the State's case and renewed it at the close of evidence; he asks us to reverse the trial court's denial of that motion. We instead affirm and hold that the State presented sufficient evidence to create a legitimate question for jury deliberation.

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¶ 5. We apply the same standard as the trial court when reviewing a motion for a judgment of acquittal: "[W]e view the evidence in the light most favorable to the State, excluding any modifying evidence, and determine whether it is sufficient to fairly and reasonably convince a trier of fact that the defendant is guilty beyond a reasonable doubt." State v. O'Dell, 2007 VT 34, ¶ 4, 181 Vt. 475, 924 A.2d 87. This is a highly deferential standard, which recognizes that neither trial nor appellate courts can place themselves in the jury's position. State v. Neisner, 2010 VT 112, ¶ 18, 189 Vt. 160, 16 A.3d 597. A jury is in the best position to weigh facts and deliver a verdict, particularly in close fact-dependent cases. State v. Carlin, 2010 VT 79, ¶ 10, 188 Vt. 602, 9 A.3d 312 (mem.). Thus, courts should grant a judgment of acquittal only when there is no evidence to support a guilty verdict. State v. Couture, 169 Vt. 222, 226, 734 A.2d 524, 527 (1999).

¶ 6. 23 V.S.A. § 1091(b)(2) defines gross negligence as "a gross deviation from the care that a reasonable person would have exercised in that situation." Negligence and gross negligence are distinguished only by degree: negligence is a failure to "exercise ordinary care," gross negligence is "a failure to exercise even a slight degree of care." Id. § 1091(a)(2); Neisner, 2010 VT 112, ¶ 23. Determining whether gross negligence has occurred is a fact-dependent inquiry, and though prior cases may be instructive, each new case turns on its own facts. Langdon-Davies v. Stalbird, 122 Vt. 56, 57, 163 A.2d 873, 874-75 (1960).

¶ 7. Our cases make clear that a conviction for grossly negligent operation cannot rest solely on "a mere error in judgment, loss of presence of mind, or momentary inattention." State v. Free, 170 Vt. 605, 607, 749 A.2d 622, 625 (2000) (mem.). But our cases make equally clear that a jury may convict for grossly negligent operation when momentary inattention co-occurs with an elevated risk of danger. For example, in State v. Carlin we held that a charge for grossly negligent operation under § 1091(b) could proceed because, although the defendant only briefly looked away from the road, she looked down at her GPS device while approaching a clearly visible bicyclist who she then hit with her car when she drove onto the road's shoulder. 2010 VT 79, ¶ 9.

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And in State v. Koch we upheld a grossly negligent operation conviction where the defendant's car hit a pedestrian standing on the side of the road and the defendant had an unobstructed view of the pedestrian for nearly 400 yards. 171 Vt. 515, 516-17, 760 A.2d 505, 506-07 (2000) (mem.). The underlying principle is that "a driver's duty to watch the road is related to the circumstances that confront him and the place and manner of operation." Free, 170 Vt. at 608, 749 A.2d at 626 (Dooley, J., dissenting).

¶ 8. In this case, the State's evidence was more than sufficient to create a question for the jury. It is undisputed that the accident occurred on a blind curve. The driver of the second truck testified to seeing defendant's car slide around the blind corner, just miss hitting the first truck, then veer to the right and go onto the grass off the edge of the road. He observed that defendant's car then swung around so that the passenger side faced oncoming traffic. He testified that it looked like defendant's car was traveling at a speed of "probably mid-nineties, maybe high nineties," and that defendant looked like he had fallen asleep or passed out because as he came around the corner he was leaning forward with his head tilted to the side. The driver of the first truck testified that defendant came around the corner "going fairly good speed," turned his steering wheel to avoid the first truck, and went sideways into the second truck when he tried to pull out of his swerve. He also testified that defendant "jumped" out of his car and the "first words out of his mouth [were] 'I can't believe I fell asleep.' " The state trooper investigating the crash testified that defendant told him he was traveling between forty and fifty miles per hour as he came into the blind corner. The trooper described defendant as "a little dazed and confused" and told the jury that at the scene defendant did not recall what had happened but just remembered coming to after his car hit the farm truck. Finally, the State's expert witness described the trajectory of defendant's car, detailing how marks on the road indicated defendant lost control coming around the corner and that the car's tail end started to slide out into the middle of the road and then swung back

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toward the right side of the road until it spun around and exposed the passenger side of the car to oncoming traffic.

¶ 9. Defendant argues that the State's evidence was insufficient to show grossly negligent operation. Specifically, he argues that "[t]here was no evidence from the State that Tristan lost control because he was driving too fast and no evidence he was in the wrong lane," emphasizing that he was operating within the applicable speed limit. We conclude that a jury could reasonably find that the blind corner at the intersection of Duffy Hill Road and Burns Road presented an elevated risk of danger such that drivers should operate with extra caution. The State presented evidence that defendant was driving in such a way that he could not control his car as he came around the corner. In these circumstances, a jury could conclude that defendant was grossly negligent. See Carlin, 2010 VT 79, ¶ 9 ("Although a driver's momentary inattention, by itself, is insufficient to warrant a finding of gross negligence, if that inattention occurs in a place where there is great potential for immediate danger, it may be enough to allow a jury to find gross negligence.").

¶ 10. With respect to defendant's specific arguments, there was ample evidence that the accident occurred while defendant was in the wrong lane. Whether defendant was operating within...