Commonwealth v. Vogelsong
90 A.3d 717
| Pa. Super. Ct. | 2014Background
- Vogelsong was convicted of recklessly endangering another person after her horse wandered onto a busy road twice in one day, with a later motor vehicle collision involving the horse.
- She was found not guilty of cruelty to animals and driving with a suspended license at a non-jury trial, and sentenced to 12 months’ probation.
- On appeal, Vogelsong challenges the sufficiency of the evidence to prove recklessness beyond a reasonable doubt.
- The standard of review requires viewing evidence in the light most favorable to the verdict winner and permitting circumstantial evidence to support the conviction.
- The court analyzes recklessness as conscious disregard of a substantial and unjustifiable risk, distinguishing it from mere negligence.
- The court ultimately affirms the judgment of sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the evidence sufficient to prove recklessness where a horse on a busy road creates a risk by omission of action? | Vogelsong argues no recklessness; horse presence is mere negligence. | Commonwealth contends presence of horse on road creates a prima facie recklessness. | No relief; evidence supports recklessness. |
| Must there be present actual ability to inflict harm, not merely apparent ability, to prove recklessness? | Vogelsong asserts lack of present ability negates recklessness. | Commonwealth contends present ability not required; action creates danger. | Present ability not required; conduct placed others in danger, proving recklessness. |
Key Cases Cited
- Bender v. Welsh, 344 Pa. 392 (Pa. 1942) (presence of unattended horse on highway supports negligence inference)
- Evans v. Scott Powell Dairies, 344 Pa. 595 (Pa. 1942) (leaving a horse unattended on a street raises presumption of negligence)
- Tassoni v. LeBoutillier, 196 A. 534 (Pa. 1938) (negligence generally for permitting animals to roam)
- Cordoba v. Commonwealth, 902 A.2d 1280 (Pa. Super. 2006) (prima facie case for recklessly endangering requires danger to others, not present ability)
- Rivera v. Commonwealth, 503 A.2d 11 (Pa. Super. 1985) (recklessness defined as conscious disregard creating substantial risk)