State v. Salas
| Decision Date | 29 June 1995 |
| Docket Number | No. 61889-5,61889-5 |
| Citation | 897 P.2d 1246,127 Wn.2d 173 |
| Court | Washington Supreme Court |
| Parties | The STATE of Washington, Respondent, v. Efrain SALAS, Appellant. |
John Knodell, Grant County Pros., Jerald R. Hamley, Deputy, Ephrata, for appellant.
Paul J. Wasson, Spokane, for respondent.
The State of Washington seeks review of a decision of the Court of Appeals, Division III, which reversed and remanded for a new trial Appellant Efrain Salas' 1 conviction in the Grant County Superior Court for vehicular homicide under RCW 46.61.520. We granted review. We reverse.
and whether erroneous and misleading instructions deprived appellant of his due process right to a fair trial. The second question is whether there was sufficient evidence to convict Appellant Salas of vehicular homicide under RCW 46.61.520.
On April 3, 1992, Appellant Efrain Salas, Miguel Soto-Torres and Humberto Jimenez-Magana were driving north on State Route 243 in Mr. Soto-Torres' 1977 Dodge automobile. 2 Appellant was driving. Mr. Soto-Torres was sitting in the back seat and Mr. Jimenez-Magana was seated in the front passenger seat. 3
On that date, Mr. Soto-Torres and Appellant drove the Dodge automobile from Moses Lake to Mattawa to look for work. 4 They first drove to Mattawa to meet Mr. Jimenez-Magana, who had a possible lead on jobs for both men. 5 Mr. Soto-Torres drove with Appellant from Moses Lake to Royal City where they stopped at a store and purchased chicken and beer. 6 Appellant Salas drove the automobile from Royal City to Mattawa. Mr. Soto-Torres did not want to drive the vehicle because he did not have a Washington driver's license and did not want to run the "risk [that] the police would stop [him]." 7 Upon arriving in Mattawa, they stopped at a store and Mr. Soto-Torres purchased a 6-pack of beer. Mr. Soto-Torres did drive, though, because he knew where Mr. Jimenez-Magana lived. 8 The men sat at Mr. Jimenez-Magana's home drinking beer. Mr. Jimenez-Magana had already made arrangements Appellant Salas wanted to return to Moses Lake that evening 10 and agreed to drive because Mr. Soto-Torres said he was too intoxicated to drive. 11 The three men left for Moses Lake with Appellant Salas driving. On the way to Moses Lake, the Dodge was stuck in the sand when Appellant Salas pulled to the side of the road to allow for passenger relief. 12 Dale and Linda Bye of Wanapum Village helped pull the Dodge out of the sand. Although they could not identify the driver of the vehicle, they did not think the three men seemed intoxicated at the time. 13
for them to begin work the following Monday. 9
After the Dodge was pulled out of the sand, the three men got back into the automobile and continued driving towards Moses Lake. Andre Pieratt, proceeding north on State Route 243, observed a vehicle swerving and driving erratically. 14 He followed it as it continued to swerve into oncoming traffic. Mr. Pieratt called 911 to report he was following a car with three people and believed the driver was intoxicated. 15 He could not identify the driver. 16
Miguel Soto-Torres tried to warn Appellant Salas to stop at a posted stop sign, but realized Appellant was driving "too fast and saw he wasn't going to be able to stop." 17 Appellant did not stop at the stop sign at the intersection When he arrived at the scene of the accident, Trooper Michael P. Garland noticed that the 1977 Dodge was "facing westbound off ... Highway 26" 20 and the Nissan was "about 50 to 60 feet off the road ... facing in a southerly direction ... almost opposite of Highway 243." 21 Appellant was laying about 20-25 feet from the right side of the Dodge, Mr. Jimenez-Magana was laying on his left side about 2-3 feet from the Dodge and Mr. Soto-Torres was kneeling next to Mr. Jimenez-Magana trying to talk to him. 22 Ms. Lynn was partially in her vehicle. 23 All four were receiving medical attention from paramedics. 24
of State Route 223 and State Route 26. 18 Upon entering the intersection, the Dodge collided with a 1989 Nissan Sentra driven by Ms. Ginger K. Lynn. 19
Trooper Garland observed at the scene of the accident a "full half-case of Budweiser and a partially half empty case of Budweiser" in the back seat of the Dodge. 25 He detected a strong odor of intoxicants on Appellant, Mr. Soto-Torres and Mr. Jimenez-Magana. 26 When Trooper Garland became aware that alcohol was likely involved in the accident, he requested that blood samples be obtained from all three men. 27 It was not clear initially at the scene of the accident who was driving the 1977 Dodge at the time of impact.
Miguel Soto-Torres, Humberto Jimenez-Magana and Ms Trooper Garland testified at trial that at the hospital and at the jail, there were "still signs of the use of intoxicants[.]" 35 He testified that almost "6 hours after the accident ... at the Grant County jail [he] could still smell an odor of intoxicants on all three subjects." 36 Further, "their eyes were red and their movements [we]re consistent with ... having been drinking...." 37 Both Mr. Soto-Torres and Mr. Jimenez-Magana testified they and Appellant had consumed a large amount of alcoholic beverages prior to the collision. 38
Lynn were taken to the Ellensburg hospital, 28 and Appellant was transported by MAST helicopter to the Yakima Memorial Hospital. 29 Appellant had a blood alcohol reading of .15 grams of ethyl alcohol per 100 milliliters of whole blood. 30 Ms. Lynn died at the hospital from internal injuries she received in the accident. 31 Appellant Salas, Mr. Soto-Torres and Mr. Jimenez-Magana were released from the hospital and transferred to the Grant County Jail. 32 The troopers who transferred them did not get a signed release from the hospital, so Appellant, Mr. Soto-Torres and Mr. Jimenez-Magana were then taken to the Ephrata Hospital, re-examined and formally released from the hospital. 33 The three men were again transported back to the Grant County Jail. 34
Trooper Gary McNinch, a certified traffic collision reconstructionist, 39 On April 6, 1992, Appellant was charged by information in the Grant County Superior Court with the offense of vehicular homicide in violation of RCW 46.61.520(1). The information charged: 43
39 conducted an investigation and reconstructed the accident scene. He testified that the "initial impact" took place near "the center of the eastbound lane of Highway 26, and the northbound lane, past the stop bar and the sign, of State Route 243." 40 There was no evidence of tire marks, skid marks or braking marks prior to the collision. 41 Based upon this investigation, the troopers determined the injuries sustained by Mr. Jimenez-Magana were consistent with injuries that would result from sitting in the front passenger seat, the injuries sustained by Mr. Soto-Torres were consistent with injuries that would result from sitting in the back seat, and the injuries sustained by Appellant were consistent with injuries that would result from driving the vehicle. 42
That the said EFRAIN (NMI) SALAS in the County of Grant, State of Washington, on or about 3rd of April, 1992, did drive a vehicle while under the influence of intoxicating liquor, in a reckless manner with disregard for the safety of others which was the proximate cause of injury to Ginger K. Lynn, a human being whose death occurred within three years as a proximate result of that injury.
(Penalty: 10 years and/or $20,000 fine)
Contrary to the form of the Statute in such cases made and provided, and against the peace and dignity of the State of Washington.
On June 10, 1992, Appellant was tried by a jury in the Grant County Superior Court before the Honorable Evan E. Sperline. On June 11, 1992, the jury found him "guilty"
of the offense of vehicular homicide as charged in the information. 44 He was sentenced on July 24, 1992 to 41 months with credit of 112 days for time served and a fine of $20,000.00. 45 On May 26, 1994, the Court of Appeals, Division III, reversed Appellant Salas' conviction and remanded for a new trial. 46 On December 7, 1994, this court granted the State's petition for review
Appellant Salas was charged with one count of vehicular homicide, RCW 46.61.520. RCW 46.61.520 provides:
(1) When the death of any person ensues within three years as a proximate result of injury proximately caused by the driving of any vehicle by any person, the driver is guilty of vehicular homicide if the driver was operating a motor vehicle:
(a) While under the influence of intoxicating liquor or any drug, as defined by RCW 46.61.502; or
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) Vehicular homicide is a class B felony punishable under chapter 9A.20 RCW.
(Emphasis added).
The jury found Appellant Salas "guilty" of vehicular homicide as charged in the Information. On appeal, he claimed Jury Instruction Number 5, the "to convict" instruction, and the special verdict form were constitutionally defective because they did not require the State to prove his intoxication was a proximate cause of the victim's death. At trial, Appellant presented no evidence, did not testify, presented no instructions and took no exceptions to the instructions given or instructions not given.
The Court of Appeals determined that Instruction Number The jury instructions, when taken as a whole, placed the burden on the State to prove that Appellant Salas operated a motor vehicle while under the influence of intoxicating liquor or in a reckless manner, proximately causing the death of Ms. Ginger K. Lynn. This is sufficient under the rule permitting instructions in the language of criminal statutes. 50 Even if that were not so, Appellant Salas did not comply with the basic...
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