Commonwealth v. Hendricks

891 N.E.2d 209, 452 Mass. 97, 2008 Mass. LEXIS 555
Massachusetts Supreme Judicial Court·Decided July 31, 2008·Published·Cited by 34 cases

Opinion

Cordy, J.

Having been convicted of reckless endangerment of a child in violation of G. L. c. 265, § 13L, Thomas Hendricks challenges the constitutionality of the recently enacted statute, claiming that it is vague and overbroad as applied to the circumstances of his case.1 He also contends that there was insufficient evidence to sustain his conviction, and that his waiver of the right to a jury trial was not made knowingly and voluntarily. We affirm.

1. Background. On September 8, 2004, at approximately 9:45 p.m, while performing “stationary radar” in Mashpee, Officer Jason Arthurs observed Hendricks driving a grey sedan. From personal knowledge, Arthurs knew that Hendricks’s driver’s license had been revoked. He activated the emergency lights on his police cruiser in an attempt to pull over Hendricks’s vehicle. Instead of pulling over, Hendricks accelerated and turned onto Route 151.

Arthurs proceeded to follow Hendricks with his emergency lights and siren blaring. When Arthurs was approximately twenty feet behind Hendricks’s vehicle, the vehicle “rocketed forward,” reaching a speed of approximately sixty-five miles per hour on roadways with posted speed limits of thirty and forty miles per hour.

Hendricks turned onto Algonquin Road, an unpaved roadway with a number of potholes that takes a sharp right by a pond and then narrows substantially. Hendricks continued to travel at a high rate of speed. Arthurs reduced his speed to thirty-five miles [99] per hour because of the “terrible” road conditions, and fell further behind Hendricks, keeping his brake lights in sight.

Algonquin Road comes to a dead end from which a dirt pathway extends into the woods. At the dead end, there are rocks on either side of the roadway, and an embankment between them. The embankment’s slope is approximately two feet high. Arthurs observed Hendricks’s vehicle pass between the rocks, go up and over the embankment, and proceed down the dirt pathway into the woods. Arthurs called for backup, parked his cruiser, and proceeded to pursue Hendricks on foot.

Hendricks’s vehicle was located, unoccupied, approximately 200 to 300 yards into the woods. Arthurs and a K-9 officer with his dog began to track Hendricks. They located him further in the woods, lying on his back, with his three year old child on his chest. Hendricks told them that he had his child with him and asked them not to send the dog. They complied, and Hendricks surrendered his child to the officers and followed their orders. While they were walking through the woods, Hendricks admitted to Arthurs that he should not have been driving like that with his daughter in the vehicle and that he should have stopped.

In addition to being charged with reckless endangerment of a child, Hendricks was charged with speeding and a number of criminal motor vehicle violations, including refusing to stop for the police, G. L. c. 90, § 25; operating a motor vehicle with a suspended license, G. L. c. 90, § 23; and reckless operation of a motor vehicle, G. L. c. 90, § 24 (2) (a). After a jury-waived trial, the judge found Hendricks not guilty of operating a motor vehicle with a suspended license and of the reckless operation of a motor vehicle,2 guilty of reckless endangerment of a child [100] and of failing to stop for the police, and responsible on the speeding charge.

2. Discussion, a. Reckless endangerment of a child. General Laws c. 265, § 13L, inserted by St. 2002, c. 322, § 2, became effective on December 11, 2002, and provides in relevant part:

“Whoever wantonly or recklessly engages in conduct that creates a substantial risk of serious injury or sexual abuse to a child or wantonly ór recklessly fails to take reasonable steps to alleviate such risk where there is a duty to act shall be punished by imprisonment in the house of correction for not more than 2 V2 years. . . .
“For the purposes of this section, such wanton or reckless behavior occurs when a person is aware of and consciously disregards a substantial and unjustifiable risk that his acts, or omissions where there is a duty to act, would result in serious bodily injury or sexual abuse to a child. The risk must be of such nature and degree that disregard of the risk constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.”

Hendricks essentially claims that the statute was intended to apply to a person whose conduct exposes a child to (or fails to protect a child from) the substantial risk of serious injury only from physical or sexual abuse, and not from other sources of harm. He further contends that if his conduct, which he describes as “speeding” and “failing to stop for police,” is determined to constitute reckless endangerment under the statute, then the statute is unconstitutionally vague in that it failed to provide adequate notice of that consequence, and sufficiently explicit standards for its application. We disagree.

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Commonwealth v. Hendricks, 891 N.E.2d 209, 452 Mass. 97, 2008 Mass. LEXIS 555 (Mass. 2008).

891 N.E.2d 209 (Commonwealth v. Hendricks) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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