State v. Archer

619 So. 2d 1071, 1993 WL 146158
CourtLouisiana Court of Appeal
DecidedApril 23, 1993
DocketKA 92 0746
StatusPublished
Cited by12 cases

This text of 619 So. 2d 1071 (State v. Archer) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Archer, 619 So. 2d 1071, 1993 WL 146158 (La. Ct. App. 1993).

Opinion

619 So.2d 1071 (1993)

STATE of Louisiana,
v.
Mike ARCHER.

No. KA 92 0746.

Court of Appeal of Louisiana, First Circuit.

April 23, 1993.
Rehearing Denied June 28, 1993.

Doug Moreau, Dist. Atty., Office of the Dist. Atty., Baton Rouge, Tom Walsh, Asst. Dist. Atty., for plaintiff/appellee.

Stephen B. Street, Jr., Bryan E. Bush, Jr., Baton Rouge, for defendant/appellant.

Before EDWARDS, SHORTESS and WHIPPLE, JJ.

WHIPPLE, Judge.

The defendant, Mike Archer, was charged by grand jury indictment with vehicular homicide, in violation of LSA-R.S. 14:32.1. Defendant waived trial by jury, and the trial court found him guilty as charged. The court sentenced defendant to serve a term of eight years at hard labor with credit for time served. The court suspended five years of the term and ordered defendant to serve two years supervised probation with special conditions upon his release from custody. Defendant has appealed, urging six assignments of error. He has specifically abandoned assignments of error numbers two and five.

FACTS

Shortly after midnight on May 25, 1991, Brent Nicholson was killed as a result of injuries he sustained in an automobile accident near the corner of Acadian Thruway and Perkins Road in Baton Rouge. Nicholson, along with Graham Thorp and Billy Nadler, were passengers in a Toyota Camry which was driven by Matt Laird. The car was traveling north on Stanford Avenue, crossing Perkins Road. (Stanford Avenue becomes Acadian Thruway after it crosses Perkins Road.) After the car traveled through the intersection, it was struck by a large Chevrolet van driven by defendant, which was coming from the opposite direction. Defendant had been traveling *1072 south on Acadian and was turning left into the Exxon service station which is located at the northeast corner of Perkins and Acadian. The point of collision was approximately 90 feet north of the north edge of Perkins and 11 feet west of the east curb of Acadian. The neurological surgeon who treated Nicholson after the accident testified that the cause of the victim's death was a massive head injury.

After the accident, a paramedic examined defendant at the scene. The paramedic described defendant's attitude as being "very angry, somewhat belligerent." She also indicated he used abusive language. She detected the odor of alcohol on defendant's breath and concluded he had been drinking alcohol. Defendant told the paramedic the accident was not his fault but was the fault of the other driver. The paramedic eventually transported defendant to Baton Rouge General Hospital.

Prior to being transported to the hospital, defendant also spoke to Officer Murial Hall with the Baton Rouge City Police. At the accident scene, defendant told Officer Hall that he was preparing to make a left turn into the Exxon station when the Camry struck his vehicle. Defendant claimed the turning lane in which he traveled prior to the accident had a green arrow for a left turn onto Perkins. Hall observed the traffic signal at the intersection and found it working properly. He testified that he found beer cans at the accident scene and that both drivers told him they had been drinking.

After having the scene cleared, Hall went to the hospital to find defendant and check on the status of the occupants of the other vehicle. Upon his arrival, Hall discovered defendant had left the hospital. Hall found defendant sitting on a bench at the front of the hospital waiting for his sister to arrive. Defendant complained that he had been waiting at the hospital too long without treatment so he wanted to go to another hospital. Hall and his partner took defendant back into the hospital, where defendant eventually submitted to a blood test. While the blood was being drawn (at 2:25 a.m.), defendant was belligerent toward the nurse. Hall issued defendant a ticket for failure to yield, but did not arrest him for anything else because Hall had not yet been able to talk to any occupant of the Camry who remembered the accident.

Toxicologists at the Louisiana State Police Crime Laboratory performed tests on defendant's blood sample and determined that his blood contained .12 grams percent of alcohol and that cocaine was present.[1]

Graham Thorp, one of the passengers in the Camry, testified that the young men in his vehicle were high school friends and had been drinking beer and visiting friends that Friday evening. At about 9:00 or 9:30 p.m., the young men bought a case (24 cans) of beer, which they stored in a cooler in the car. Thorp indicated that he and the other two passengers each drank about six beers, and that Laird, the driver, drank about two or three beers. While Laird was driving, Thorp did not observe him driving erratically nor did he recall Laird speeding that evening. However, Thorp was not able to remember the accident. Laird and Nadler, the other surviving passenger, did not testify at the trial.

The posted speed limit for Acadian and Stanford is 40 mph. According to Mr. A.J. McPhate, an accident reconstruction expert who testified for the state, defendant's van was traveling at approximately 15 mph at the time of the accident; and the Camry was traveling in the vicinity of 50 mph, or at least 45 mph. The expert concluded that defendant took no evasive actions prior to the accident, but the driver of the Camry moved from the inside lane to the outside lane in an effort to avoid the accident. The expert opined that the driver of the van was sitting higher and would have been in a better position to observe.

Timothy Cummings, a traffic engineer with the City of Baton Rouge, testified that the traffic signal at the intersection is a traffic-responsive type signal. The timing of the lights depends upon the volume of *1073 traffic. The engineer indicated his records showed no report of a signal malfunction on the date of the accident. He also testified that if the southbound turning lane on Acadian had a green arrow (protecting a left turn onto Perkins), the northbound traffic coming from Stanford across Perkins would have a red light, waiting for a green light. He explained that after the light has turned red for traffic traveling on Perkins, one of the following situations occurs, depending upon the traffic: (1) if no vehicles are waiting on Acadian/Stanford to turn left, both directions get a green light; (2) if vehicles in both the north and southbound lanes of Acadian/Stanford are waiting to turn left, a green turn arrow is given for both directions, while the light remains red for through traffic; (3) if only a southbound left turn vehicle is present, the southbound lane gets a green left turn arrow and a green light for its through traffic; or (4) if only a northbound left turn vehicle is present, the northbound lane gets a green left turn arrow and a green light for its through traffic.

SUFFICIENCY OF THE EVIDENCE

In three related assignments of error,[2] defendant contends that the evidence was insufficient to support his conviction. Specifically, he argues that the state failed to prove that his unlawful blood alcohol concentration combined with his operation of a motor vehicle to cause the victim's death. Defendant maintains the accident was caused by the actions of the other driver and, thus, the trial court's conclusion that defendant's failure to yield was the proximate cause of the accident was in error.

In reviewing claims challenging the sufficiency of the evidence, this Court must consider "whether, after viewing the evidence in the light most favorable to the prosecution, any

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Cite This Page — Counsel Stack

Bluebook (online)
619 So. 2d 1071, 1993 WL 146158, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-archer-lactapp-1993.