People v. Matos

150 Misc. 2d 499, 568 N.Y.S.2d 683, 1991 N.Y. Misc. LEXIS 146
CourtNew York Supreme Court
DecidedMarch 19, 1991
StatusPublished
Cited by1 cases

This text of 150 Misc. 2d 499 (People v. Matos) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Matos, 150 Misc. 2d 499, 568 N.Y.S.2d 683, 1991 N.Y. Misc. LEXIS 146 (N.Y. Super. Ct. 1991).

Opinion

OPINION OF THE COURT

Rena K. Uviller, J.

Police Officer Anthony Dwyer and his fellow officers interrupted an armed burglary and robbery of a McDonald’s restaurant at 3 o’clock in the morning. Defendant and his cohorts had broken into the premises with a sledgehammer and were terrorizing employees at gunpoint when the uniformed officers arrived. Defendant fled to the darkened roof of the restaurant through a hatch and Officer Dwyer followed immediately behind him. When other officers reached the roof seconds later, they discovered Officer Dwyer writhing in agony 25 feet below; he had either fallen or had been pushed over a small retaining wall and was wedged in a narrow well between adjacent buildings. Efforts to save him were unavailing and by the time he was reached 45 minutes later, Officer Dwyer was dead.

The defendant, who was captured the next day, was indicted for various counts of burglary and robbery and with felony murder for having caused the death of Officer Dwyer "in the course of and in furtherance of * * * or * * * immediate flight” from the underlying crimes. (Penal Law § 125.25 [3].) The officer’s tragic death raises two interrelated issues. First, can the defendant be criminally liable for the officer’s death in the absence of evidence that he actually pushed the officer off the roof. That is, can the defendant be said to have "caused” the death if the officer tripped or fell off the roof without any physical contact between the two men?1 Second, is the law of causation circumscribed or otherwise affected where the prosecution is for the statutory crime of felony murder as opposed to the common-law crimes of intentional or reckless (depraved indifference) murder? Does the same causation analysis apply?

[501]*501In People v Kane (213 NY 260), the defendant shot a pregnant woman, thereby inducing a miscarriage; the miscarriage, along with possible medical negligence, caused peritontis which in turn caused her death three days after the shooting. Affirming the murder conviction the court ruled that criminal liability attaches where the victim’s death is a reasonably foreseeable consequence of the defendant’s actions; that causation exists where the defendant’s conduct bears a sufficiently direct relationship to the fatal result and despite other contributory causes.

The necessary link between the conduct of the accused and the harmful result was elaborated upon in People v Kibbe (35 NY2d 407). There, the defendant threw the intoxicated victim out of his car during a blizzard and left him next to a deserted road without his coat, shoes or glasses; within a half hour the victim, who had crawled onto the highway, was struck and killed by a passing motorist. Affirming the murder conviction, the Court of Appeals held that the defendant’s conduct was a sufficiently direct cause of death and that the intervening circumstances of the weather, the victim’s intoxication, his crawling onto the road and the passing motorist were no bar to criminal liability. "It will suffice”, the court wrote, "if it can be said beyond a reasonable doubt * * * that the ultimate harm is something which should have been foreseen as being reasonably related to the acts of the accused.” (People v Kibbe, supra, at 412.)

In Matter of Anthony M. and the companion case of People v Cable (63 NY2d 270), elderly victims of a purse snatch and a burglary, respectively, suffered heart attacks several days after the crime, having shown no signs of heart trouble in the immediate aftermath. Concluding that the necessary causative link existed between the defendants’ conduct and the fatal result, the court wrote: "For criminal liability to attach, a defendant’s actions must have been an actual contributory cause of death, in the sense that they 'forged a link in the chain of causes which actually brought about the death’ * * * A defendant’s acts need not be the sole cause of death; where the necessary causative link is established, other causes * * * will not relieve the defendant of responsibility * * * Even an intervening, independent agency will not exonerate defendant unless 'the death is solely attributable to the secondary agency and not at all induced by the primary one’ ”. (Matter of Anthony M., supra, at 280.)

[502]*502From these cases a two-pronged test of causation emerges. First, the defendant’s conduct must be an actual cause of death. The defendant’s act need not be either the sole or even the major cause. But the defendant’s conduct must be an operative, contributory cause. If the harmful result is attributable entirely to other factors (see, People v Stewart, 40 NY2d 692) and not at all induced by the defendant’s own conduct, he is not criminally liable no matter how morally blameworthy he may have been.

Second, in addition to being an actual or operative cause of death, the defendant’s conduct must bear a sufficiently proximate or direct relationship to it. That is, the death must be a reasonably foreseeable consequence of the defendant’s actions. If the fatal result is too remote or attenuated from the defendant’s action, if the death is but an obscure, speculative or merely possible consequence of the defendant’s conduct, then that conduct cannot be said to have "caused” the harmful result. The result is not rendered unforeseeable just because one or more intervening, concurrent factors may have contributed to it. In other words, the defendant’s conduct must be an actual, contributory cause and the fatal result must be reasonably anticipated. Death must not occur through an unforeseeable or only remotely foreseeable chain of events.

In this case, even if the defendant never touched Officer Dwyer, that is, assuming a fall with no physical contact between the two, the defendant’s conduct was nonetheless an actual and operative cause of the officer’s death. Had the defendant not been fleeing from an armed felony across the darkened roof with the uniformed officer in hot pursuit, Officer Dwyer would not have fallen to his death. Had the defendant not been doing what he did, when he did it, and where he did it, the officer would not have died. The defendant set in motion a chain of events which led to the officer’s death.

Moreover, the officer’s fatal fall was a reasonably foreseeable consequence of the defendant’s conduct. It can reasonably be anticipated that an officer interrupting an armed felony would pursue the culprit across a rooftop. Further, that the officer, in the darkness and in the excitement of the chase might fail to see a drop-off or might trip over a small wall is neither a remote, speculative or unlikely eventuality. That danger inhered in the situation. The intervening condition of the roofs surface does not render the fall less foreseeable. And absent sheer recklessness by the officer, it is irrelevant if [503]*503hindsight reveals that he might have taken greater care to prevent falling. The fatal fall, occurring as it did in the immediate pursuit of the defendant, was not an obscure or attenuated event. Rather, it was eminently foreseeable — a likely and direct consequence of defendant’s flight across the darkened rooftop.

That the defendant did not touch the officer or have any physical contact with him is irrelevant. In People v Ingram (67 NY2d 897), the defendant broke into the victim’s home and was confronted by the latter pointing a gun at him. The victim ordered the defendant to lie face down on the floor and called the police.

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Related

People v. Matos
191 A.D.2d 383 (Appellate Division of the Supreme Court of New York, 1993)

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Bluebook (online)
150 Misc. 2d 499, 568 N.Y.S.2d 683, 1991 N.Y. Misc. LEXIS 146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-matos-nysupct-1991.