DeHOGUE v. State

989 A.2d 759, 190 Md. App. 532, 2010 Md. App. LEXIS 26
CourtCourt of Special Appeals of Maryland
DecidedFebruary 24, 2010
Docket2186, September Term, 2007
StatusPublished
Cited by2 cases

This text of 989 A.2d 759 (DeHOGUE v. State) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeHOGUE v. State, 989 A.2d 759, 190 Md. App. 532, 2010 Md. App. LEXIS 26 (Md. Ct. App. 2010).

Opinion

KEHOE, J.

This case presents us with the question whether a driver’s conduct after an accident can constitute vehicular manslaughter. We conclude that it can.

On November 7, 2007, the Circuit Court for Baltimore County convicted appellant, Lazara Arellano DeHogue, of manslaughter by vehicle, failing to remain at the scene of an accident, failing to remain at the scene of an accident resulting in bodily injury, failing to remain at the scene of an accident resulting in death, failing to render assistance and give information in an accident resulting in death or bodily injury, knowingly failing to remain at the scene of an accident resulting in death, reckless driving, and negligent driving.

In her timely appeal, appellant raises one question, which we have rephrased as follows:

Was the evidence sufficient to support the trial court’s guilty verdicts?

The answer to appellant’s question is “yes” and we affirm the judgments of the circuit court.

FACTUAL BACKGROUND

This case arises from a tragic series of events occurring on December 1, 2006. Appellant, while driving her Dodge pickup truck, struck Marjorie Thomas as she was crossing Goucher Boulevard pushing her three-year-old grandson, Elijah Cozart, in a stroller. After the impact, the stroller (with Elijah in it) became entangled underneath appellant’s truck. Appellant continued to drive for almost a mile, dragging Elijah, before stopping to check beneath her truck. Ms. Thomas sustained a *537 broken leg and broken wrist. Elijah died as a result of his injuries. Appellant was apprehended at her home a short time later.

As a result of these events, an indictment was filed against the appellant charging her with the following:

Count 1—“Manslaughter by Vehicle” (Md.Code Ann., Crim. Law § 2-209 (2002));
Count 2—“Failure to Control Speed to Avoid a Collision” (Tkansp. § 21-801(b) (1977, 2008 Repl.Vol.));
Count 3—“Driver Fail to Exercise Due Care” (Transp. § 21-504(a));
Count 4—“Driver Fail to Exercise Due Care” (Observation of Child) (Transp. § 21-504(c));
Count 5—“Driver to remain at scene—Accident resulting in Bodily Injury” (Transp. § 20-102(a));
Count 6—“Driver to remain at scene—Accident resulting in Death” (Transp. § 20-102(b));
Count 7—“Duty to Give Information and Render Aid” (Transp. § 20-104(b));
Count 8—“Duty to Render Aid” (Transp. § 20-104(a)); Count 9—“Driver to Remain at Scene” (Transp. § 27-113(b));
Count 10—“Driver to Remain at Scene” (Transp. § 27-113(c));
Count 11—“Reckless Driving” (Transp. § 21-901.1(a)); Count 12—“Negligent Driver” (Transp. § 21-901.1(b)).

A bench trial was conducted October 29, 2007 and ended on November 5, 2007.

At the trial, the State presented twenty civilian and police witnesses, as well as a stipulation as to a report of a medical examiner. Appellant did not call any witnesses in her defense. Since appellant raises the question of sufficiency of the evidence, we will review the evidence in some detail.

Bethany McCain testified that, at about 3:00 p.m. on December 1, 2006, she was driving on Goucher Boulevard, approach *538 ing Colbury Road, intending to make a left turn. She was pulling up to make the turn when she saw an oncoming red truck hit a woman pushing a stroller. The woman fell. The stroller became lodged under the front of the truck. Ms. McCain screamed and banged on the inside of her window, but the truck continued down the boulevard. Ms. McCain called 911. Ms. McCain’s testimony as to the accident was corroborated by Reggie Word and Theondres Johnson, an MTA bus driver, both of whom witnessed the accident.

Reginald Amos testified that he was stopped at the intersection of Colbury Road and Goucher Boulevard. A woman with a stroller walked past Mr. Amos’ truck while he was sitting at the light and crossed Goucher Boulevard. The woman did not use the marked crosswalk, and she was crossing on a diagonal line. Mr. Amos heard the horn of a vehicle coming around the bend. The woman tried to move more quickly across the street. The front wheels of the stroller might have been on the median strip when the vehicle struck the woman and the stroller. Mr. Amos pulled around to where the collision occurred. The truck that struck the woman had stopped on the median. Two more cars stopped. The truck pulled off and came down off the median. Mr. Amos followed the truck and noticed that the baby stroller was lodged underneath the right front passenger side wheel.

Mr. Amos testified that he briefly lost sight of the truck. He turned onto Regester Avenue and saw the truck stopped on a curb. Two women were outside the truck. The women were pulling the stroller out of the front passenger side wheel. They set it down. Mr. Amos stopped in front of them. He told the driver to stop but did not know if she understood him. Mr. Amos spoke to a woman who had come out of a neighboring house. The truck drove off. He and the neighbor walked to a nearby grassy area and found the child which apparently had been dislodged from the truck when it jumped the curb. The truck made skid marks and tracks on the grass after it had jumped the curb and before it came to a stop.

*539 Cristal Douglass testified that, while she was driving on Loch Raven Boulevard near Colbury, she saw a truck to her left in the left lane, and a stroller holding a baby caught under the truck. At a red light, the vehicles stopped and Ms. Douglass leaned out her window and said, “you have a stroller under your car,” but she could not get the attention of the driver. Ms. Douglass yelled and blew her horn. When the light turned green, the truck pulled ahead of Ms. Douglass into the right lane and made a right turn.

Keith Hill testified that he was at a light on Loch Raven Boulevard when he heard a loud sound like a tire screeching. Then he heard another sound like something being dragged. He saw a red truck coming from Goucher Boulevard. His light turned green. As he passed the truck, he saw what looked like a stroller with a baby doll in it. He blew his horn to try to warn the driver that she had something stuck under her truck. The driver did not stop or acknowledge him in any way.

Dona Chalmers testified that while driving on Loch Raven Boulevard, she saw a red pickup truck turn onto Loch Raven. The truck had a stroller stuck under the front passenger side. There were sparks coming from underneath the truck.

Ghislaine Eichhorn testified that she was in her home on Regester Avenue when she heard “very loud squealing tires that went on for some time.” She went outside to look around and saw a pickup truck stopped on someone’s lawn. There were two women, one holding an infant on her hip, near the pickup truck. They got back in the truck and drove off. A man in another truck pulled up and spoke to Ms. Eichhorn.

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Related

Beattie v. State
88 A.3d 906 (Court of Special Appeals of Maryland, 2014)
Maryland Attorney General Opinion 96 OAG 128
Maryland Attorney General Reports, 2011

Cite This Page — Counsel Stack

Bluebook (online)
989 A.2d 759, 190 Md. App. 532, 2010 Md. App. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dehogue-v-state-mdctspecapp-2010.