Garcia v. United States

848 A.2d 600, 2004 D.C. App. LEXIS 204, 2004 WL 963745
CourtDistrict of Columbia Court of Appeals
DecidedMay 6, 2004
Docket00-CF-1362
StatusPublished
Cited by8 cases

This text of 848 A.2d 600 (Garcia v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. United States, 848 A.2d 600, 2004 D.C. App. LEXIS 204, 2004 WL 963745 (D.C. 2004).

Opinion

GLICKMAN, Associate Judge:

Carlos A. Garcia was tried before a jury on a charge of involuntary manslaughter and convicted of the lesser included offense of negligent homicide. Garcia asks us to reverse his conviction on the ground that the involuntary manslaughter charge was not supported by the evidence. Although the jury acquitted Garcia of that charge, his theory is that its improper submission improperly encouraged the jury to render a compromise verdict. It is, perhaps, a close question whether there was sufficient evidence to support the charge of involuntary manslaughter. We do not answer that question, however, because we are satisfied that any error in submitting the charge to the jury was harmless.

On the morning of the fatal accident that led to his prosecution, Garcia was working as a commercial bus driver. After completing his rush hour route, Garcia was driving his empty bus east on E Street toward North Capitol Street in northwest Washington, D.C. Just before he reached the busy intersection, Garcia called his wife on his cellular phone. There was conflicting evidence as to whether he was still on the phone and possibly distracted as he made a left turn onto North Capitol Street. The light was green, there was no oncoming traffic, and Garcia was not speeding. Nor was he under the influence of drugs or alcohol or otherwise impaired. But as Garcia made the turn, he faded to notice two pedestrians who were already in the crosswalk. One of those pedestrians, who testified at trial, managed to jump out of harm’s way. William Norris, who may have been intoxicated, was not so fortunate. The front left side of the bus struck Norris and knocked him to the ground. Norris fell under the bus and was run over. Garcia only realized he had hit someone when he felt a “bounce” in the rear tires.

Garcia was charged with one count of involuntary manslaughter in the death of William Norris. The trial court denied Garcia’s motions for judgment of acquittal and instructed the jury on both involuntary manslaughter and negligent homicide. Shortly after it retired to deliberate, the jury sent a note asking the court to clarify the standard of care for the two offenses. The court responded to the note by rein-structing the jury on the applicable legal principles. The jury deliberated for about five hours and then sent a brief note reporting that it was “hung.” With the consent of the parties, the court instructed the jury to continue its work. Soon thereafter, the jury reached a unanimous verdict. It acquitted Garcia of involuntary manslaughter but found him guilty of negligent homicide. Garcia moved for a new trial, which the court denied.

Garcia contends that there was insufficient evidence of egregiousness on his part to justify submitting the involuntary manslaughter charge to the jury. It is true that the standard of culpability is more demanding for involuntary manslaughter than for negligent homicide. “[O]ne who unintentionally causes the death of another as the result of noncriminal conduct is guilty of involuntary manslaughter only where that conduct both creates ‘extreme danger to life or serious bodily injury,’ and amounts to ‘a gross deviation from a reasonable standard of care.’ ” Comber v. United States, 584 A.2d 26, 48 (D.C.1990) (en banc) (quot *602 ing Faunteroy v. United States, 413 A.2d 1294, 1298-99 (D.C.1980)) (emphasis supplied). In contrast, “[a]ny person who, by the operation of any vehicle in a careless, reckless, or negligent manner, but not willfully or wantonly, - shall cause the death of another, including a pedestrian in a marked crosswalk, or unmarked crosswalk at an intersection, shall be guilty of’ negligent homicide. D.C.Code § 50-2203.01 (2001) (emphasis supplied). By statute, negligent homicide is deemed a lesser included offense of any involuntary manslaughter alleged to have béen committed in the operation of a vehicle. See D.C.Code § 50-2203.02 (2001).

We find it unnecessary to decide whether the prosecution presented sufficient evidence at Garcia’s trial to support the charge of involuntary manslaughter. We can say with “fair assurance” that the verdict was not “substantially swayed” by any error in submitting that charge to the jury. See Kotteakos v. United States, 328 U.S. 750, 765, 66 S.Ct. 1239, 90 L.Ed. 1557 (1946). Of primary importance, Garcia was not convicted of involuntary manslaughter. We are not presented, therefore, with an aberrational verdict that must be reversed because it is lacking in evidentiary support. Unless genuine reason exists to think that Garcia somehow suffered prejudice despite his acquittal of involuntary manslaughter, the erroneous submission to the jury of that offense is no reason to reverse his conviction of a properly submitted lesser included offense. See Cowan v. United States, 547 A.2d 1011, 1015 (D.C.1988); Howard v. United States, 128 U.S.App. D.C. 336, 342, 389 F.2d 287, 293 (1967).

The government persuades us that Garcia suffered no prejudice here. His claim that the presence of the involuntary manslaughter charge improperly encouraged his jury to compromise on the lesser in-

cluded offense is the kind of speculation that Cowan and Howard rejected as “giv[ing] the jury far less credit than it deserves.” Cowan, 547 A.2d at 1016 (quoting Howard, 128 U.S.App. D.C. at 343, 389 F.2d at 294). The trial court properly and clearly instructed the jury on both involuntary manslaughter and negligent homicide. If arguably there was insufficient evidence of the former charge, certainly there was ample evidence of the latter. Garcia does not contend otherwise. Properly instructed “jurors are well equipped to analyze the evidence,” Griffin v. United States, 502 U.S. 46, 59, 112 S.Ct. 466, 116 L.Ed.2d 371 (1991) (italics in the original), and when a deficient case is presented, jurors usually can be expected to recognize it for what it is. There is “no more reason” — less reason, really — “for assuming that jurors have compromised on a verdict when there is an erroneous [evidentiarily unsupported] charge than there is to believe they have simply reached a middle ground when several instructions are correctly given.” People v. Graves, 458 Mich. 476, 581 N.W.2d 229, 234 (1998) (citation omitted); see also id.

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Bluebook (online)
848 A.2d 600, 2004 D.C. App. LEXIS 204, 2004 WL 963745, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-united-states-dc-2004.