State v. Manning, 41715

• Decision Date: 10 February 1981
• Docket Number: No. 41715,41715
• Parties: STATE of Missouri, Respondent, v. James W. MANNING, Appellant.
• Court: Missouri Court of Appeals

Page 823

612 S.W.2d 823

STATE of Missouri, Respondent, v. James W. MANNING, Appellant.

No. 41715.

Missouri Court of Appeals, Eastern District, Division Two.

Feb. 10, 1981.

Motion for Rehearing and/or Transfer to Supreme Court Denied

March 13, 1981.

Application to Transfer Denied April 6, 1981.

Charles M. Shaw, Clayton, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, for respondent.

PUDLOWSKI, Presiding Judge.

Defendant was convicted of manslaughter in violation of § 565.005 ¹ and was sentenced to two years imprisonment. Defendant raises three instances of trial court error on appeal: 1) failure to instruct on driving in a careless and imprudent manner as a lesser included offense of manslaughter; 2) failure to suppress a confession and statements against interest; and 3) failure to grant defendant's motions for acquittal based upon the state's failure to present sufficient evidence of defendant's culpable negligence. We affirm.

Presented in the light most favorable to the state, the facts are as follows. On the evening of August 10, 1978, defendant, James Manning, age 16, picked up his friend, David Ray and the two proceeded to a party in the City of Rock Hill. There defendant met Michael Bell. During the course of the evening defendant and Bell had a conversation concerning their automobiles. Although it is unclear from the testimony as to who initiated the challenge, Bell and defendant agreed to race their automobiles. Defendant's automobile was a 1972 Monte Carlo with 110,000 miles and two bald front tires.

After leaving the party and entering their respective cars, both drivers proceeded west on Kirkham Road a short distance and made a U-turn at Gore Avenue. The two young men brought their cars to a stop, side by side, in the eastbound lane of Kirkham Road. Across the street, Officer Walsh, a Webster Groves Police Officer, sat in his car on routine patrol. Oblivious to Officer Walsh, the two drivers raced their motors, squealed their tires and proceeded east on Kirkham at a top speed of 50 mph in a 35 mph zone. Officer Walsh pursued the two cars. When the officer turned on his flashing red lights, Bell immediately pulled off to the side of the road. However, defendant at the sight of Officer Walsh accelerated quickly. Officer Walsh pulled over to Bell's car, ordered him to stay there until another police officer arrived and then pursued defendant. There is some dispute as to the reason for defendant's attempt to evade Officer Walsh, but it is of no concern for our review. ² Ultimately, at least three police vehicles from three jurisdictions were involved in the chase. Defendant proceeded at a high rate of speed on Kirkham until it became Brentwood Boulevard. Defendant then turned right at Manchester Road, narrowly missing another automobile. He proceeded east on Manchester, made a U-turn at Hanley Road and proceeded west on Manchester. As he reached the crest of a hill on Manchester, at the point where Manchester intersects with Brentwood Boulevard, the traffic light turned yellow. Defendant applied the brakes after the light turned red, skidded 201 feet and collided with a vehicle driven by Sharon Lee Coons. Coons had entered the intersection on the green light. In colliding into Coons' vehicle defendant welded his automobile into Sharon's door and propelled her vehicle 191 feet before the agglutinated wreckage came to a rest. ³ Sharon suffered massive injuries, the most severe being to her brain and skull. She succumbed shortly following the crash.

During the chase, defendant's speed was estimated at various times to be from 60 mph to 120 mph. At the point immediately prior to the accident, he was traveling at least 70 mph according to one officer and as much as 110 mphaccording to another officer. The speed limit on Manchester Road, at the point of impact is 30 mph.

We will first consider defendant's allegation which challenges the sufficiency of the evidence. In determining whether the state made a submissible case, the appellate court accepts as true all of the evidence favorable to the state, including all favorable inferences drawn from the evidence. All evidence and inferences to the contrary are to be disregarded. Any portion of the defendant's evidence which supports a finding of guilty is also to be considered because defendant, by putting on evidence, takes the chance of aiding the state's case. State v. Johnson, 447 S.W.2d 285, 287-290 (Mo.1969). Defendant filed a motion for a verdict of acquittal at the close of the state's case and again at the close of all the evidence. We will consider only the latter motion because by introducing evidence in his own behalf defendant waived any error in the action of the court in overruling his motion at the close of the state's case. State v. Hill, 438 S.W.2d 244, 247 (Mo.1969).

Defendant asserts that there was not sufficient proof adduced of his culpable negligence. By indictment, defendant was charged with "carelessly, recklessly, feloniously and with culpable negligence" killing Sharon Coons in an automobile collision. Section 565.005 provides that "Every killing of a human being by the act, procurement or culpable negligence of another, not herein declared to be murder or excusable or justifiable homicide, shall be deemed manslaughter." The rule is well established that negligence to be deemed culpable within the meaning of the manslaughter statute is something more than ordinary, common law, or actionable negligence. The culpability necessary to support a manslaughter charge must be so great as to indicate a reckless or utter disregard for human life. State v. Morris, 307 S.W.2d 667, 672 (Mo.1957). The fundamental requirement to fix criminal responsibility for the consequences of culpable negligence is knowledge actual or imputed that the negligent act would tend to endanger human life. State v. Morris, 307 S.W.2d at 672. Culpable negligence "means disregard of the consequences which may ensue from the act, and indifference to the rights of others. No clearer definition, applicable to hundreds of varying circumstances that may arise, can be given." State v. Kays, 492 S.W.2d 752, 760 (Mo.1973).

Defendant argues that the evidence established only that he was driving carelessly and imprudently, but not that he did so with reckless or utter disregard for human life. He supports this claim by pointing to the fact that during the high speed chase there was little traffic and he endangered no one up until the time of the collision. He asserts that he tried to avoid the collision which killed the victim by braking and swerving his automobile when it became clear that the victim would remain in the intersection. He further contends that he would not have attempted to stop if he had an utter disregard for human life. In oral argument, defendant continued in this vein pointing to his deep remorse and concern for his passenger as well as for the deceased following the accident as evidence of his value for human life. We disagree.

Defendant conveniently ignored several things. Most importantly, the facts and inferences viewed in a light most favorable to the state clearly establish that he set powerful forces into operation which he failed to control and that he was indifferent to the perilous and hazardous consequences which were the result of his actions. Defendant sped away from a police officer who properly attempted to stop defendant. Defendant then led the lengthy high speed chase which ensued with the knowledge that his tires were in poor condition and that this affected his braking ability. ⁴ The evidence shows defendant sped through two electric signal controlled intersections along two well traveled streets containing many driveways from which passenger laden automobiles could enter at any time. Such conduct can only be characterized as performed with an utter disregard for defendant's own life, his passenger's life, the victim's life and the life of every other person on the road. As the court in State v. Morris, 307 S.W.2d 667, 672 (Mo.1957) stated:

(T)he jury could have inferred that appellant, when he continued to operate his automobile at a high rate of speed ..., was grossly indifferent to the danger to himself and others and was proceeding in utter disregard of human life. We must and do hold that there was substantial testimony to show that defendant was guilty of culpable negligence in operating the automobile ...

Defendant cites State v. Cutshall, 430 S.W.2d 173 (Mo.1968); State v. Morris, 307 S.W.2d 667 (Mo.1957) and State v. Herring, 502 S.W.2d 405 (Mo.App.1973) in support of his argument. However, a review of these cases, in which automobile manslaughter convictions were affirmed, reveals less evidence of culpable negligence than is present in this case. For example, in Cutshall the defendant, who had been drinking, was driving 65-70 mph in a 55 mph zone when he swerved and hit a car on a bridge. The court had no difficulty in affirming the conviction and found sufficient evidence of defendant's culpable negligence. Here, we have far more evidence of defendant's culpable negligence. This point is ruled against appellant.

In Point II, defendant alleges that the court erred in failing to suppress statements he made shortly after the collision. Defendant contends suppression of the statements was proper because he was in a hysterical condition and unable to understand the Miranda warnings. We disagree.

While sitting in the backseat of a police cruiser at the scene of the accident, Officer Wagner read defendant the Miranda warnings. After acknowledging he understood each right, defendant interjected spontaneously "I killed her; I know she's dead." Later the...