State v. Gibson

693 So. 2d 286, 1997 WL 209702
CourtLouisiana Court of Appeal
DecidedApril 30, 1997
DocketCR97-108
StatusPublished
Cited by11 cases

This text of 693 So. 2d 286 (State v. Gibson) 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. Gibson, 693 So. 2d 286, 1997 WL 209702 (La. Ct. App. 1997).

Opinion

693 So.2d 286 (1997)

STATE of Louisiana
v.
Bridgette GIBSON.

No. CR97-108.

Court of Appeal of Louisiana, Third Circuit.

April 30, 1997.

*287 Gary C. Tromblay, Asst. Dist. Atty., Opelousas, for State.

Paula C. Marx, Lafayette, for Bridgette Gibson.

Before DOUCET, C.J., and PETERS and SULLIVAN, JJ.

PETERS, Judge.

The defendant, Bridgette Gibson, was charged by a grand jury with vehicular homicide, a violation of La.R.S. 14:32.1. A trial by jury was held on September 24, 1996, with the jury returning a verdict of guilty as charged. The defendant was subsequently sentenced to serve a term of nine years at hard labor, with one year of the sentence being without the benefit of probation, parole, or suspension of sentence. Additionally, she was ordered to participate in a courtapproved substance abuse program and a court-approved driver improvement program. After her motion to reconsider sentence was denied, the defendant appealed her conviction and sentence.

DISCUSSION OF THE RECORD

The automobile accident giving rise to this criminal charge occurred on Interstate Highway 49 (I-49) in Opelousas, Louisiana, in the early evening of March 17, 1996. A vehicle being driven north on I-49 by the defendant crossed the grassy median separating the north and south lanes of the interstate, became airborne, and collided with a southbound vehicle being driven by Miranda Marie Ross, a twenty-year-old nursing student. Ms. Ross was pronounced dead at the scene. The defendant had been drinking heavily before the accident, and three hours after the accident, her blood-alcohol concentration was 0.17 percent by weight based upon grams of alcohol per 100 cubic centimeters of blood. It is not disputed that the defendant was under the influence of alcohol at the time of the accident.

*288 There is also little dispute concerning the events leading up to the accident. On the afternoon of the accident[1] the defendant met her friend, Michelle Roberts, in Opelousas at Ms. Roberts's mother's home, and the two women began an evening of riding around and consuming alcohol. According to Ms. Roberts, the defendant arrived with a beer in her hand. Ms. Roberts testified that she and the defendant first traveled to the defendant's home to put oil in the defendant's car. A party was in progress next door, and the two women were given a cup of gin. This gin was mixed with a bottle of Thunderbird wine[2] purchased at an Opelousas service station, and the two women consumed the mixture as they drove around. Their travels next took them to Washington, Louisiana, where they attended a local fair and visited with the defendant's father, Chief of Police John Offord. Despite Chief Offord's warning not to drink and drive, the two women purchased a fifth of Thunderbird wine before leaving Washington and consumed it as they continued their travels. According to Ms. Roberts, another fifth of Thunderbird wine was purchased at a service station in Sunset, Louisiana, and a final bottle of the wine was purchased in Lafayette, Louisiana.[3]

According to Ms. Roberts, the two women were drinking from large mugs which each held one-half of a fifth of wine and as they purchased the wine, they would pour it into the mugs and throw away the bottles. Ms. Roberts testified that she and the defendant were sharing the alcohol equally and that by the time they reached Gerard Park in Lafayette, they had drunk all but the fourth fifth of wine. According to Ms. Roberts, they then consumed the last of the alcohol at the park and proceeded toward home because the defendant was scheduled to be home before dark to help her daughter make a poster for school. Ms. Roberts admitted that she was "drunk" when the two women left the Lafayette park.

The defendant testified that she did not have a beer in her possession when she met Ms. Roberts and that she had only one beer before that time. Additionally, she testified that she had only a "taste" of the gin. While not agreeing entirely with Ms. Roberts's testimony, the defendant did admit that she helped to consume at least a pint and two fifths of Thunderbird wine from the time she and Ms. Roberts began their spree until the time of the accident. Despite her consumption of this wine, she testified that she did not have as much to drink as Ms. Roberts because she had not refilled her glass every time Ms. Roberts had refilled hers. She did acknowledge that immediately before the accident, she felt "woozy," which to her meant that she was not sober but was not drunk either.

Neither the defendant nor Ms. Roberts had an explanation for the accident. Ms. Roberts testified that she was sleepy and had begun to doze. She recalled that the defendant was traveling in the left lane of the interstate and was northbound. Immediately before the accident, she felt the automobile vibrate but did not recall crossing the median or striking the victim's vehicle. In fact, after feeling the vibration, the next thing she remembered was being upside down in the wrecked vehicle and held up only by her seat belt.

Jarrett Deville of Scott, Louisiana, was an eyewitness to the accident, which, according to him, occurred just as it was turning dark. He was traveling south on I-49, and Ms. Ross had gradually passed him in the left lane immediately before the accident. Mr. Deville testified that he observed vehicle lights in the northbound lane of I-49 "kinda moving erratically .... from side to side, going up and down, kinda going in and out the lane." He further testified that he observed the defendant's vehicle leave the *289 northbound roadway, reenter the northbound roadway, exit again, and finally cross over the median. According to Mr. Deville, when the vehicle crossed over the median, it went airborne and crashed into the windshield of Ms. Ross's vehicle. Mr. Deville testified that immediately after the accident, the defendant expressed to him that she thought that Ms. Ross had hit her. Mr. Deville did not observe any other cars in the vicinity of the defendant before the collision, and the defendant did not complain to him of any mechanical or tire failure that may have caused the collision.

Officer Scott Aymond of the Opelousas Police Department investigated the scene of the collision and found that the right wheel of the defendant's car was damaged as a result of the impact. He also inspected the northbound lane and concluded that the defendant's car had partially left the pavement and that it had traveled some 288.6 feet with only its right wheels on the paved surface. According to Officer Aymond, the vehicle then abruptly reentered the highway and traveled another 131.2 feet in the northbound lane before it again left the paved surface and traversed the median. Officer Aymond measured the distance that the defendant's vehicle traveled across the median before the impact and found it to be 183 feet. He also examined the northbound lanes and found no defects or potholes which might have contributed to the accident. The weather was clear, and the highway was dry on the day of the accident. In Officer Aymond's opinion, the defendant must have been driving over sixtyfive miles per hour in order to have launched the vehicle into the air after crossing the median. Despite the evidence of these drastic maneuvers by the defendant before the accident, Officer Aymond found no sign of braking on the highway. When questioned concerning damage to the defendant's car, he testified that it would not be unusual for the impact alone to have caused the extensive damage.

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Cite This Page — Counsel Stack

Bluebook (online)
693 So. 2d 286, 1997 WL 209702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gibson-lactapp-1997.