State v. Prophet

552 So. 2d 773, 1989 La. App. LEXIS 2238, 1989 WL 140764
CourtLouisiana Court of Appeal
DecidedNovember 14, 1989
DocketNo. KA 88 1782
StatusPublished
Cited by1 cases

This text of 552 So. 2d 773 (State v. Prophet) 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. Prophet, 552 So. 2d 773, 1989 La. App. LEXIS 2238, 1989 WL 140764 (La. Ct. App. 1989).

Opinion

LeBLANC, Judge.

Defendant, Stanley Prophet, was charged by bill of information with negligent homicide, in violation of La.-R.S. 14:32. After a trial by jury, he was found guilty as charged and was sentenced to five years at hard labor. Defendant has appealed, alleging four assignments of error, as follows:

1. The evidence is insufficient to prove defendant’s guilt beyond a reasonable doubt.
2. The trial court erred in allowing Dr. Richard Rathbone to testify over defense objection.
3. Without sufficient evidence of intoxication, the State failed to prove criminal negligence, an essential element of negligent homicide.
4. The trial court erred in denying defendant’s motion for post-verdict judgment of acquittal.

At approximately 11:00 a.m. on June 30, 1986, Stanley Prophet left Norwood, Louisiana, and drove south on Louisiana Highway 19. He had agreed to give Eddie Jackson, who lived in Wilson, Louisiana, a ride home. Just south of Norwood, they were involved in an automobile accident with Clarence Guillory, who was proceeding north on Louisiana Highway 19. Immediately after the accident, Mr. Jackson, who had been riding in the front passenger seat of Mr. Prophet’s vehicle, left the scene to summon help. Two ambulances arrived shortly after the accident, and the drivers of both vehicles were taken to hospitals. Mr. Guillory died the following day as a result of his injuries.

At trial, Jack Rish testified that, between 9:30 and 10:00 a.m. on the day of the accident, he observed Henry Dunn, Buddy Green, and defendant at a Texaco service station in Norwood drinking from a white plastic cup, which they passed among themselves. Mr. Rish specifically testified that he saw defendant drink from this cup. After the accident, Mr. Rish went to the service station, and found an empty Seagram’s whiskey bottle and some white plastic cups in a garbage can.

Eddie Jackson testified he had known defendant for many years. He stated that, on the morning of the accident, he first saw defendant at approximately 10:00 a.m. at a service station in Norwood drinking Seagram’s whiskey with Henry Dunn. Later, defendant agreed to give Jackson a ride home; and they left. Mr. Jackson testified that, before the accident, defendant crossed the center line of the highway two or three times and “slumped over like he was asleep.” This behavior frightened Mr. Jackson, who asked to get out of' the car. However, defendant increased his speed and told Mr. Jackson not to worry. Shortly thereafter, defendant again crossed the centerline of the highway and struck Mr. Guillory’s vehicle. At this point, Mr. Jackson got out of defendant’s car and left the scene to go for help.

Detective Arkell Merritt, a thirteen-year veteran of the East Feliciana Parish Sheriff’s Department was one of the officers who investigated .the accident. At trial, Merritt testified he smelled the odor of [775]*775alcohol on defendant’s breath. He stated defendant appeared intoxicated, explaining that defendant’s eyes were glassy and bloodshot, his speech was slurred, his movements were uncoordinated, and he was belligerent. According to Detective Merritt, defendant repeatedly denied that anyone else had been in his car, although it was obvious to him from the way the windshield was shattered that defendant was lying and there had been a passenger in his car. Detective Merritt testified he did not give defendant a field sobriety test because defendant was uncooperative and because of the possibility that defendant might fall and further injure himself.

Douglas Beauchamp, one of the emergency medical technicians who transported defendant to the hospital, testified that he could not recall any specific injury to defendant. However, he testified that defendant was “wobbly” and had an odor of alcohol on his breath.

Dr. Richard Rathbone, a deputy coroner for East Feliciana Parish, was the emergency room physician who treated defendant. He testified defendant was bloody, due to several lacerations, was “somewhat belligerent and smelled of alcohol.” He testified that, based upon his initial examination of defendant, he concluded that defendant was intoxicated.1

ASSIGNMENTS OF ERROR NUMBERS ONE, TWO, THREE, AND FOUR:

In these assignments of error, defendant contends that there was insufficient evidence to prove, beyond a reasonable doubt, that he committed the offense of negligent homicide. He contends the trial court erred in allowing Dr. Rathbone to testify over defense objection. Defendant argues that, without Dr. Rathbone’s trial testimony, there was insufficient evidence of intoxication and, therefore, insufficient evidence of criminal negligence, an essential element of negligent homicide. Finally, defendant contends that the trial court erred in denying his motion for post-verdict judgment of acquittal, which was also based on the alleged insufficiency of the evidence.

However, we note that the State is not required to prove intoxication in order to establish criminal negligence. Intoxication is not an element of the offense of negligent homicide. La.-R.S. 14:32 requires the State to prove that defendant was criminally negligent and that a killing resulted from his conduct. State v. Allen, 440 So.2d 1330, 1332 (La.1983); State v. Pearson, 529 So.2d 406, 409 (La.App. 1st Cir.1988).

La.-R.S. 14:12 provides:

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.

The standard of review for the sufficiency of the evidence to uphold a conviction is whether or not, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could conclude that the State proved the essential elements of the offense beyond a reasonable doubt. See La.C.Cr.P. art. 821; State v. Korman, 439 So.2d 1099 (La.App. 1st Cir.1983).

In his brief to this Court, defendant cites State v. Garrett, 525 So.2d 1235, 1239 (La.App. 1st Cir.1988), for the proposition that: “[djriving across the centerline of the highway into the path of an oncoming vehicle is only ordinary negligence. This proposition was derived from State v. Crawford, 471 So.2d 778 (La.App. 2d Cir.1985), which involved a vehicular collision in a curve on Louisiana Highway 146. In Crawford as in Garrett, there was no evidence that the defendant had been driving erratically before the accident occurred. His blood alcohol content was only .029 grams percent. Reviewing the facts of the case, the Second Circuit concluded that, under the circumstances, Crawford’s crossing the centerline in a curve of the highway did not constitute criminal negligence.

[776]*776There is no evidence that defendant’s action in driving across the center line was anything more than inadvertant (sic) carelessness or negligence. While the crossing of the center line would constitute ordinary negligence, we find that this fact alone is insufficient to conclude that the defendant's actions constituted gross, criminal negligence. The evidence does not support a conclusion that the defendant’s conduct reflected a reckless disregard for the safety of another.

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Related

State v. Prophet
558 So. 2d 556 (Supreme Court of Louisiana, 1990)

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Bluebook (online)
552 So. 2d 773, 1989 La. App. LEXIS 2238, 1989 WL 140764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-prophet-lactapp-1989.