United States v. Arlie Gene Wipf

397 F.3d 632, 66 Fed. R. Serv. 528, 2005 U.S. App. LEXIS 2028, 2005 WL 292504
CourtCourt of Appeals for the Eighth Circuit
DecidedFebruary 9, 2005
Docket04-1765
StatusPublished
Cited by16 cases

This text of 397 F.3d 632 (United States v. Arlie Gene Wipf) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Arlie Gene Wipf, 397 F.3d 632, 66 Fed. R. Serv. 528, 2005 U.S. App. LEXIS 2028, 2005 WL 292504 (8th Cir. 2005).

Opinion

MELLOY, Circuit Judge.

Arlie Gene Wipf (“Wipf’) was convicted of two counts of involuntary manslaughter in Indian country. The district court 1 sentenced Wipf to twenty-four months’ imprisonment. Wipf now appeals. We affirm.

I. Facts

On March 1, 2003, Wipf was driving south on County Road 89 on the Red Lake Indian Reservation in northern Minnesota. There were two passengers in the car, Luana Perkins, the mother of Wipf s two children, and Angel Riviera. The car went off the road onto the shoulder, then returned to the road and slid sideways across the center line where it collided with another vehicle. The collision killed both Perkins and Riviera. The collision also broke the kneecap of Valerie Clark, the driver of the second vehicle. Clark’s passenger, Gary Dudley, did not seek medical attention. The road was slippery because of ice and snow on the ground.

After the collision, Wipf was found sitting behind the driver’s seat with Perkins seated next to him in the passenger seat. Riviera had been thrown from the car. There was a strong odor of alcohol coming from the vehicle, and beer bottles were scattered on the vehicle’s floor. Wipf was taken to the emergency room at North Country Regional Hospital in Bemidji, Minnesota. While Wipf was in the emergency room, FBI Agent Timothy Ball arrived to ask Wipf the names of the two other passengers in the car and to obtain a blood sample. Agent Ball did not have a warrant to obtain the blood sample, and the district court later suppressed the evi *635 dence of the blood sample. Medical professionals also withdrew and tested Wipfs blood as part of his medical treatment. Testing of this sample showed that Wipfs blood alcohol level was .214 shortly after the accident. Wipf admits that he consumed alcohol, marijuana, and cocaine during the twenty-four hours prior to the accident.

II. Procedure

The government filed a three-count Indictment charging Wipf with two counts of involuntary manslaughter in violation of 18 U.S.C. §§ 1112, 1151, and 1153(a) and one count of assault resulting in serious bodily harm in violation of 18 U.S.C. §§ 113(a)(6), 1151, and 1153(a). After a jury trial, Wipf was convicted of two counts of involuntary manslaughter and acquitted of the assault charge. The district court sentenced Wipf to twenty-four months’ imprisonment to be followed by three years of supervised release. The court also ordered restitution in the amount of $6054.50.

III. Discussion

A. The Jury Instructions

Wipfs first argument on appeal is that the district court erred by refusing to instruct the. jury on proximate cause. We review challenges to jury instructions for an abuse of discretion. United States v. Beckman, 222 F.3d 512, 520 (8th Cir.2000). “ ‘It is not grounds for reversal that the charge might have been differently, or even better, worded; a district court has wide discretion on choice of language, and we will not find that discretion abused when the instructions as a whole accurately and adequately state the relevant law.’ ” Id. (quoting United States v. Rabat, 797 F.2d 580, 588 (8th Cir.1986)).

For each count of manslaughter, the court instructed the jury that:

In order to sustain its burden of proof for the crime of involuntary manslaughter as charged in Count 1 of the indictment, the government must prove the following four essential elements beyond a reasonable doubt:
One: [The victim] was killed as a result of an act done by the defendant during the commission of an unlawful act not amounting to a felony, namely, driving a vehicle while under the influence of alcohol;
Two: The defendant knew that his conduct was a threat to the lives of others or knew of circumstances that would reasonably cause him to foresee ■that such conduct might be a threat to . the lives of others;
Three: The defendant killed Luana Perkins within Indian Country; and
Four: The defendant is an Indian.

Taken as a whole, the jury instructions in this case accurately represented the law. “There is no requirement that a trial court ‘instruct with the specificity or in the language defense counsel desired.’ ” United States v. Iron Eyes, 367 F.3d 781, 785 (8th Cir.2004) (quoting United States v. Bartlett, 856 F.2d 1071, 1083 (8th Cir.1988)). Though proximate causation is an element of a crime, there is no requirement that the particular words “proximate cause” appear in the instruction, so long as the concept is made clear to the jury. See United States v. DeCoteau, 516 F.2d 16, 17 (8th Cir.1975) (instruction in involuntary manslaughter case requiring jury to “find that defendant did commit the crime of the operation of a motor vehicle while under the influence of intoxicating liquor and that the death of [the victim] resulted from the commission of this crime” held to adequately convey the concept of proximate cause to the jury). Here, as in DeCoteau, it was sufficient for the court to instruct the jury that *636 the deaths needed to be a result of the defendant’s actions.

B. Admittance of Medical Evidence

Wipfs second argument on appeal is that the district court erred when it admitted medical record evidence that included Wipfs blood alcohol level. “We afford great deference to the district court’s evidentiary rulings, reversing only where there has been a clear abuse of discretion.” United States v. Briley, 319 F.3d 360, 363 (8th Cir.2003).

Relevant evidence is evidence that tends to show that any fact of consequence in the action is more or less probable. Fed.R.Evid. 401. Subject to certain exceptions, relevant evidence is admissible. Fed.R.Evid. 402.

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Bluebook (online)
397 F.3d 632, 66 Fed. R. Serv. 528, 2005 U.S. App. LEXIS 2028, 2005 WL 292504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-arlie-gene-wipf-ca8-2005.