State v. Krovvidi, 88,030.

• Decision Date: 06 December 2002
• Docket Number: No. 88,030.,88,030.
• Citation: 274 Kan. 1059,58 P.3d 687
• Parties: STATE OF KANSAS, Appellee, v. BALA KROVVIDI, Appellant.
• Court: Kansas Supreme Court

274 Kan. 1059

58 P.3d 687

STATE OF KANSAS, Appellee, v. BALA KROVVIDI, Appellant.

No. 88,030.

Supreme Court of Kansas.

Opinion filed December 6, 2002.

Stephen G. Mirakian, of Wyrsch Hobbs & Mirakian, P.C., of Kansas City, Missouri, argued the cause, and Marilyn B. Keller, of the same firm, was with him on the briefs for appellant.

Steven J. Obermeier, assistant district attorney, argued the cause, and Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

DAVIS, J.:

Bala Subrahmanyan Krovvidi's appeals his sentence and conviction for vehicular homicide. Following a bench trial, the trial court found that Krovvidi had run a red light causing the accident which resulted in the death of Daniel Hawthorne. The trial court concluded that the running of the red light, with no indication of other recklessness or impairment, satisfied the necessary element of a "material deviation" from the standard of care required for a conviction of vehicular homicide under K.S.A. 21-3405. For the reasons set forth in this opinion, we reverse and remand with instructions to vacate the sentence.

On March 11, 2000, Daniel Hawthorne left his brother's house in Overland Park, driving a blue 1982 Pontiac station wagon. At 3:49 p.m., Officer Steve Lopez of the Overland Park Police Department responded to an accident scene at 103rd and Lowell streets. As southbound vehicles on Lowell approach the T-intersection at 103rd Street, they must either turn east or west, but cannot continue south. Officer Lopez testified that a Jeep Grand Cherokee driven by defendant Krovvidi traveling west on 103rd had collided with Hawthorne's southbound station wagon that was attempting to turn left.

The impact of the collision caused extensive damage to the left side of Hawthorne's station wagon and moved the body of the vehicle completely off its frame. Hawthorne had sustained severe head injuries and was exhibiting shallow breathing. The left side of his vehicle was crushed, the doors were locked, and officers could not gain entry. Lopez used his flashlight to break out the right rear window in order to gain access to the vehicle so other officers could render aid to Hawthorne.

While at the scene, Lopez received notification that Hawthorne died as a result of the collision. Lopez then asked Krovvidi to provide blood and urine samples; Krovvidi complied. The Kansas Bureau of Investigation lab tests showed there was no alcohol in Krovvidi's blood or any illegal drugs in his urine.

The State filed a complaint charging Krovvidi with one count of class A misdemeanor vehicular homicide, one count of failure to obey an official traffic control signal, and one count of failure to yield the right of way.

Two eyewitnesses provided statements to the police and testified at trial. Chris Bartlett, who lived in Overland Park near Lowell Street testified that on the day of the accident he was driving south on Lowell toward 103rd at approximately 20 to 22 m.p.h. behind a blue station wagon. As he drove down the slope of a hill toward the intersection, Bartlett observed the traffic light go from green to yellow. The blue station wagon operated by Hawthorne was approximately 1 second ahead of Bartlett's vehicle. As Hawthorne's vehicle approached the white line at the intersection, the light was yellow and had been yellow for some time. Bartlett testified that Hawthorne did not speed up or slow down; however, his statement to the police indicated that the driver of the blue station wagon "decided to charge the light," meaning that he tried to beat the yellow light.

When Bartlett got to the intersection, the light had changed to red, and he stopped. He stated that Hawthorne's vehicle was "a fourth of the way through the intersection" still traveling at a slow rate of speed when the light turned red. According to Bartlett, 2 or 3 seconds after the light turned red, Krovvidi's vehicle struck the driver's side of Hawthorne's vehicle. Bartlett did not see Krovvidi's vehicle coming but he was certain that Krovvidi did not stop before entering the intersection. Bartlett stated that he had his music very loud and did not hear any skidding or braking that might have occurred.

Lilla Khalifah, a long-time Overland Park resident, testified that on March 11 she drove her vehicle west on 103rd Street and stopped at the traffic light at Lowell. She stated that traffic was not heavy and that her vehicle was in the right lane of two westbound lanes on 103rd. Khalifah testified that she thought the Jeep might have already been stopped at the intersection of Lowell and 103rd when she pulled up at the stoplight. She stated that in her peripheral vision she noticed a vehicle pull ahead in the other westbound lane of 103rd Street. According to Khalifah, she heard the crash and then looked at the traffic light, which turned from red to green while she looked at it. She did not hear skidding or sudden braking.

Officer Lopez testified that based on his training and experience and the damage to the Hawthorne vehicle, he did not think Krovvidi's vehicle actually stopped prior to entering the intersection. Lopez testified that Krovvidi stated at the scene that his light was green.

Robert "Buck" Taylor, a Traffic Signal Specialist II with the Overland Park Public Works Department, testified about the traffic light time sequences at the intersection of Lowell and 103rd Street. According to Taylor, the traffic light for the southbound street traffic stays green for a minimum of 16 seconds, turns yellow for 3.4 seconds, and then changes to red. Taylor testified that the "all-red clearance" for the traffic light was 2 seconds, meaning that all traffic lights at the intersection remain red for 2 seconds before the light on 103rd turns green.

Dale Bain, an Overland Park senior engineering technician, testified for the State that the distance across the two westbound lanes from the stop line was 31 or 32 feet. Bain stated that by using a generally accepted formula and assuming a speed of 20 m.p.h., the Hawthorne vehicle would have traveled 29.4 feet into the intersection in 1 second. In 2 seconds, his vehicle could have traveled 58.8 feet, clearing the westbound lanes of 103rd Street.

At the close of the State's evidence, counsel for Krovvidi moved the court for a judgment of acquittal on the vehicular homicide count and the failure to yield count. Counsel stated that one basis for Krovvidi's motion was that the State had failed to put on evidence of careless or reckless driving, and without such evidence the State could not establish the element of a material deviation from the standard of care necessary to support vehicular homicide.

In considering Krovvidi's motion for judgment of acquittal, the district court reviewed the vehicular homicide statute:

"THE COURT: Where they created kind of an extra tier, haven't they, in this statute? I mean, traditionally, always in civil, you've had the tiers of simple negligence and then willful and wanton disregard for the safety of others. But here it looks like the legislature has created, if they meant `simple negligence,' they could have said `simple negligence.' It looks like they've created kind of an additional tier that's somewhere in between, as counsel has indicated."

After hearing the arguments of counsel, the district court took the matter under advisement because the court believed the matter involved a legal issue, in part. After the court's ruling, the defense presented its witnesses.

James Loumiet, an accident reconstructionist, testified concerning the speed of the two vehicles involved in the collision. Loumiet testified that the minimum speed of Krovvidi's vehicle at the time of impact was 27 m.p.h. and the maximum speed was 32 m.p.h. Loumiet stated that Hawthorne's vehicle had traveled at a minimum speed of 16 m.p.h. and a maximum of 25 m.p.h. Loumiet also stated that it was his belief as an accident reconstructionist that the impact occurred in the southernmost westbound lane of 103rd Street, 26 feet from the point where vehicles would stop for a red light.

Mukesh Chaudhari, a front-seat passenger in Krovvidi's vehicle, told the court that he was looking out the side window at the time of the collision. Chaudhari did not see the traffic signal before the collision but testified that there were no distractions in Krovvidi's vehicle.

Gouri Sridevi, a coworker of Krovvidi's testified that she was sitting in the back of Krovvidi's vehicle on the passenger side prior to the accident. Sridevi stated that she was trying to open an instant camera and was not engaged in any conversation with Krovvidi. Sridevi could not remember whether Krovvidi stopped at the intersection. She did not see the traffic signal before the collision. According to Sridevi, Krovvidi was not talking on a cell phone, was not weaving in and out of traffic lanes, and did not appear upset with any other drivers on the road. There was nothing about his driving that made her uncomfortable.

Krovvidi testified that on the afternoon of the collision, he drove his vehicle west on 103rd Street to go to Oak Park Mall accompanied by three friends, Chaudhari, Sridevi, and Parul Isharani. Krovvidi testified that before the collision, he had just turned left onto 103rd Street from the parking lot of his apartment building, 168 yards from the accident intersection. The speed limit on 103rd was 35 m.p.h. Krovvidi stated that he drove at a speed of 30 to 35 m.p.h. but did not exceed 35 m.p.h. Krovvidi denied consuming any alcohol, but testified that he took some Ny-Quil the night before and in the morning because he had a bad cold. Early that morning, Krovvidi stated that he took a nondrowsy Tylenol product. However, Krovvidi denied having any drowsiness or impairment in his driving ability that afternoon.

Krovvidi further testified that he did not change lanes once he...