State v. Martin

539 So. 2d 1235, 1989 WL 22431
CourtSupreme Court of Louisiana
DecidedMarch 13, 1989
Docket88-K-1266
StatusPublished
Cited by79 cases

This text of 539 So. 2d 1235 (State v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Martin, 539 So. 2d 1235, 1989 WL 22431 (La. 1989).

Opinion

539 So.2d 1235 (1989)

STATE of Louisiana
v.
Jimmy Rogers MARTIN.

No. 88-K-1266.

Supreme Court of Louisiana.

March 13, 1989.

*1236 R.O. Lewis, Luling, for applicant.

William J. Guste, Jr., Atty. Gen., Harry J. Morel, Jr., Dist. Atty., Gregory Champagne, Asst. Dist. Atty., Kurt Sins, Assistant Dist. Atty., for respondent.

COLE, Justice.[*]

Jimmy Rogers Martin (Martin) was charged as a principal with two counts of negligent homicide under La.R.S. 14:32 for two deaths resulting from a "drag race" in which he participated. After a jury trial, Martin was found guilty and sentenced. The Court of Appeal affirmed his conviction but remanded the case for re-sentencing.[1] We granted certiorari[2] to review the propriety of Martin's conviction as a principal to the crime of negligent homicide and now affirm the decision of the Court of Appeal.

A. FACTS

The collision giving rise to the charges occurred December 31, 1986 at approximately 6:00 P.M. on Highway 90 near Avondale, Louisiana. Though Martin testified he was neither speeding nor racing, two witnesses testified they saw Martin's *1237 car traveling at high speed (80 to 100 m.p.h.) and engaged in an apparent race with a Chevrolet Nova driven by Vincent Jenkins.[3] In particular, Marcel Null, a Houma police lieutenant, testified Martin passed him traveling at least 90 m.p.h., and on the basis of his police training and experience he concluded they were racing. A third witness also observed the race but she could not positively identify the two vehicles. The cars driven by Martin and Jenkins were following one another very closely and manuevering in and out of the right hand lane.

After both cars had sped by the witnesses, Jenkins' car struck the rear of a Chevrolet Blazer occupied by Bryan Boudreaux and Eva Trevasos. From the force of the impact, the Blazer flipped over, hit a guard rail, and crashed into a canal. Boudreaux and Trevasos both died at the scene. According to the testimony of State Trooper Willumitis who testified for the state as an accident reconstruction expert, Martin's car then struck the rear of Jenkins' Nova approximately 100 feet beyond the point where the Blazer left the road. The state concedes Martin's car never actually hit the Blazer.[4] Jenkins was convicted of two counts of negligent homicide in a separate proceeding.

B. ASSIGNMENTS OF ERROR

In his application for writs to this Court, Martin raised three basic issues:

1. His conviction is erroneous because one cannot be convicted as a principal to the crime of negligent homicide;
2. The trial court erred in failing to provide funds for the defense to retain an accident reconstruction expert; and
3. The trial court erred in failing to grant a mistrial on the basis of allegedly improper and prejudicial statements made by the prosecution in closing argument.

C. ANALYSIS

1. Liability as a Principal.

The crux of Martin's argument on this issue is that one cannot be a principal to the crime of negligent homicide because it is legally impossible to intend to be negligent. In support of this contention, he analogizes to our decision in State v. Adams, 210 La. 782, 28 So.2d 269 (1946). In Adams we held it was legally and logically impossible to convict someone of the offense of "attempted negligent homicide" because the act of attempt requires a specific intent to commit the crime. Since one cannot specifically intend to be negligent, one cannot be found guilty of attempted negligent homicide. 28 So.2d at 270. Martin contends the same reasoning extends to liability as a principal in a negligence crime such as negligent homicide; i.e., since there can be no specific intent, there can be no liability.

There are several flaws in Martin's analogy. First, it ignores the substantial differences between liability for criminal attempt and liability as a principal; second, it ignores the statutory definition of "principal"; third, it ignores the elements of criminal negligence; and finally, it ignores Martin's conduct and the notion of proximate cause.

The fundamental, if unspoken, premise of Martin's argument is that specific intent is a necessary element of a principal's liability. The statutory definition of "principal" contains no such requirement. Principals are defined as: "All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet in its commission...." La.R.S. 14:24 (emphasis *1238 added).[5] The statute imposes no independent intent requirement. To find the accused liable as a principal, it is sufficient that he possessed the requisite mental state for the substantive criminal act.

Here, the underlying substantive criminal act is negligent homicide, "the killing of a human being by criminal negligence." La.R.S. 14:32. Thus, "criminal negligence" is the requisite mental state the prosecution must prove to sustain a conviction as a principal.[6] For Martin to be convicted as a principal, the state had to meet a two-prong test. It had to prove beyond a reasonable doubt that Martin was: 1) criminally negligent and thereby had the requisite mental state; and 2) "concerned" in the commission of a negligent homicide. We find the state has met both prongs of this test.

The first prong is readily met here. Criminal negligence is defined in La.R.S. 14:12:

Criminal negligence exists when, although neither specific nor general criminal intent is present, there is such disregard of the interest of others that the offender's conduct amounts to a gross deviation below the standard of care expected to be maintained by a reasonably careful man under like circumstances.

Unlike general or specific criminal intent, criminal negligence is essentially negative. Rather than requiring the accused intend some consequence of his actions, criminal negligence is found from the accused's gross disregard for the consequences of his actions. In this case, the jury found Martin's conduct, i.e., driving at high speed on a busy highway, weaving in and out of the right lane, and following Jenkins' car very closely, was a "gross deviation below the standard of care" expected of him under the circumstances. On our review of the entire record, we find this conclusion is supported by ample evidence. See State v. Mussall, 523 So.2d 1305 (La.1988). Martin possessed the requisite mental state, "although neither specific nor general criminal intent" was present. Negligent homicide is one of those crimes requiring no intent and no intent, therefore, is required for one to be a principal to the crime. This is obvious from reading La.R.S. 14:8; 14:10; 14:11; 14:24; and 14:32 in pari materia.

The second prong of the test is somewhat more problematic, but we find no error in the jury's conclusion that Martin was suffuciently "concerned" in the acts leading to the deaths of Boudreaux and Trevasos. The prosecution introduced substantial evidence of Martin's participation in a race with Jenkins. The race resulted in the deaths of two innocent third parties. From these facts it was proper for the jury to conclude the "concern" requirement was met even though Martin's vehicle did not directly strike the fatal blow.

Martin's argument he is not guilty because he did not "cause" the deaths is without basis in law.

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Cite This Page — Counsel Stack

Bluebook (online)
539 So. 2d 1235, 1989 WL 22431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-la-1989.