State v. Kwaak

572 A.2d 1015, 21 Conn. App. 138, 1990 Conn. App. LEXIS 93
CourtConnecticut Appellate Court
DecidedApril 3, 1990
Docket7150
StatusPublished
Cited by25 cases

This text of 572 A.2d 1015 (State v. Kwaak) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Kwaak, 572 A.2d 1015, 21 Conn. App. 138, 1990 Conn. App. LEXIS 93 (Colo. Ct. App. 1990).

Opinion

Daly, J.

The defendant appeals from the judgment of conviction, after a jury trial, of manslaughter in the second degree with a motor vehicle in violation of General Statutes § 53a-56b (a),1 and operating a motor vehicle while under the influence of an intoxicating liquor in violation of General Statutes § 14-227a (a) (2). The defendant’s claims of error relate only to the charge of manslaughter in the second degree with a motor vehicle. The defendant claims that the trial court erred (1) in denying his motion for judgment of acquittal which alleged that there was insufficient evidence presented as to the element of causation, (2) in admitting an autopsy report into evidence, (3) in restricting his cross-examination of one of the state’s accident reconstruction witnesses, (4) in admitting the testimony [140]*140of the second of the state’s accident reconstruction witnesses as it relates to the tendencies of intoxicated drivers, and (5) in improperly instructing the jury as to reasonable doubt. We find no reversible error.

The facts are as follows. On November 14, 1986, at approximately 6 p.m., the defendant met a female friend at a restaurant in Westport. He admitted to having consumed three beers there. He left at approximately 9:30 p.m. and headed for his home town of Huntington. He drove his Dodge pickup truck on Route 95 north and then exited onto Route 25 north. At approximately 10:47 p.m., the defendant was operating his pickup truck in the far right lane of that three lane highway in Bridgeport, when he encountered a Subaru stationwagon that was being driven by the victim at a considerably slower speed than the defendant was traveling. The defendant attempted to pass the Subaru but did not reduce his speed quickly enough and struck it in the rear, causing the gas tank to rupture and the car to catch on fire. The victim was in the car when it burst into flames and died as a result of the fire.

The police and firemen arrived within a few minutes after the accident. Sergeant John Ramik of the Connecticut state police was in charge of the scene and was assisted by Troopers Adrienne LaMorte and John Burturla and support personnel. The investigating officers at the scene detected a strong odor of alcohol on the defendant’s breath, noticed that his speech was slurred, his eyes were bloodshot, and that he was staggering. The defendant failed a field sobriety test. As a result, he was arrested for driving under the influence of alcohol or drugs in violation of General Statutes § 14-227a and transported to police headquarters in Westport. Two hours after the accident, the defendant voluntarily submitted to a breathalizer test. The first test was administered at 1:45 a.m. and measured his blood alcohol level at .150, and the second test, administered at [141]*1412:19 a.m., measured his blood alcohol level at .144. On the basis of these figures, Sanders Hawkins, chief toxicologist for the department of health services, testified at trial that the blood alcohol level at the time of the accident was approximately .186. At police headquarters, the defendant was also charged with manslaughter with a motor vehicle in violation of General Statutes § 53a-56b (a).2

At trial, the state presented evidence that, on the night of the accident, the weather was dry and clear. The evidence also showed that the accident occurred on a straight, well illuminated section of Route 25 and that visibility was 1000 to 1500 feet at the time of the accident. The state offered the expert testimony of LaMorte and Burturla. Expert testimony showed that the defendant’s vehicle was traveling thirty-one miles per hour faster than the victim’s vehicle at the time of impact, but the expert was not able to determine how fast the defendant’s vehicle was traveling. In addition, there was expert testimony that the major damage was to the left rear of the Subaru and to the right front fender of the pickup truck and that there were no brake or skid marks at the scene of the accident. Furthermore, the state presented expert testimony that the defendant’s inability to judge the distance and speed of the Subaru was consistent with the conduct of intoxicated drivers and that this conduct caused the accident and subsequent death of the driver. The state also presented the testimony of the pathologist who performed the autopsy on the victim. The pathologist’s autopsy report was also permitted as an exhibit over the defendant’s objection.

[142]*142At trial, the defendant never conceded that he was intoxicated.3 He presented a witness who happened to be on the same road a short time before the accident occurred. This witness testified that shortly before the accident, he saw a vehicle that closely resembled the victim’s vehicle on the right shoulder of Route 25 with the windows fogged and the lights dimmed. The defendant also presented expert evidence contradicting the state’s evidence on the issue of causation, that the accident most likely occurred as a result of the Subaru’s pulling out from the right shoulder and crossing in front of the path of the defendant’s pickup truck.

The jury convicted the defendant on both charges, and this appeal followed.

I

The defendant’s first claim is that the court erred in denying his motion for judgment of acquittal, which was based on the state’s failure to prove beyond a reasonable doubt that the defendant’s intoxication caused the death of the victim. We do not agree.

“ Tn determining whether the evidence is sufficient to sustain a verdict, we have said that “ ‘the issue is whether the jury could have reasonably concluded, upon the facts established and the reasonable inferences drawn therefrom, that the cumulative effect of the evidence was sufficient to justify the verdict of guilty beyond a reasonable doubt. . . . [T]he evidence presented at trial must be given a construction most favorable to sustaining the jury’s verdict.’ ”... “Each essential element of the crime charged must be established by proof beyond a reasonable doubt”; State v. Stankowski, 184 Conn. 121, 126, 439 A.2d 918, cert. [143]*143denied, 454 U.S. 1052, 102 S. Ct. 596, 70 L. Ed. 2d 558 (1981); and “ ‘although it is within the province of the jury to draw reasonable logical inferences from the facts proven, they may not resort to speculation and conjecture.’ ” (Citations omitted.) State v. Little, 194 Conn. 665, 671, 485 A.2d 913 (1984).

In the present case, the defendant challenges only the element of causation. General Statutes § 53a-56b (a) provides that, “A person is guilty of manslaughter in the second degree with a motor vehicle when, while operating a motor vehicle under the influence of an intoxicating liquor or any drug or both, he causes the death of another person as a consequence of the effect of such liquor or drug. ” (Emphasis added.) No. 85-147 of the 1985 Public Acts modified the causation language of General Statutes (Rev. to 1975) §§ 53a-56b (a) and 53a-60d, the latter section being assault in the second degree with a motor vehicle. Previously, § 53a-56b (a) provided that “when, in consequence of his intoxication while operating a motor vehicle, he causes the death of another person.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Ragalis
235 Conn. App. 538 (Connecticut Appellate Court, 2025)
State v. Anderson
Connecticut Appellate Court, 2015
State v. Morelli
976 A.2d 678 (Supreme Court of Connecticut, 2009)
State v. Lawson
913 A.2d 494 (Connecticut Appellate Court, 2007)
State v. Sanko
771 A.2d 149 (Connecticut Appellate Court, 2001)
State v. Madagoski
757 A.2d 47 (Connecticut Appellate Court, 2000)
State v. Tinsley
755 A.2d 368 (Connecticut Appellate Court, 2000)
State v. Billie
738 A.2d 586 (Supreme Court of Connecticut, 1999)
State v. Cooper
664 A.2d 773 (Connecticut Appellate Court, 1995)
State v. Leroy
653 A.2d 161 (Supreme Court of Connecticut, 1995)
Young v. Falk
643 A.2d 1314 (Connecticut Appellate Court, 1994)
State v. Zoravali
641 A.2d 796 (Connecticut Appellate Court, 1994)
State v. Walton
641 A.2d 391 (Connecticut Appellate Court, 1994)
State v. Leroy
635 A.2d 305 (Connecticut Appellate Court, 1993)
State v. Theriault, No. Hhd Cr92 0133603 (Oct. 7, 1993)
1993 Conn. Super. Ct. 8216-J (Connecticut Superior Court, 1993)
State v. Ortiz
618 A.2d 547 (Connecticut Appellate Court, 1993)
State v. Andrews
616 A.2d 1148 (Connecticut Appellate Court, 1992)
Lester v. Resort Camplands International, Inc.
605 A.2d 550 (Connecticut Appellate Court, 1992)
State v. Suckley
597 A.2d 1285 (Connecticut Appellate Court, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
572 A.2d 1015, 21 Conn. App. 138, 1990 Conn. App. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kwaak-connappct-1990.