Doneghy v. Commonwealth
410 S.W.3d 95
| Ky. | 2013Background
- Officer Bryan Durman was investigating a noise complaint next to a parked Chevrolet Tahoe when a red/maroon SUV struck the officer and the parked vehicles; Durman later died from his injuries.
- About an hour later police found a damaged SUV matching witness descriptions and traced the vehicle to Glenn Rahan Doneghy; he refused to exit his apartment, a chemical agent was used, and he was forcibly arrested after resisting and allegedly attempting to stab an officer.
- During the arrest police found suspected cocaine, marijuana, paraphernalia, and keys to the SUV; witnesses connected Doneghy to the vehicle and described the driver’s appearance.
- A jury convicted Doneghy of second-degree manslaughter, leaving the scene/failure to render aid, second- and fourth-degree assault, first-degree possession of a controlled substance, possession of marijuana, and possession of drug paraphernalia; total sentence imposed was 20 years.
- Doneghy appealed on seven grounds including sufficiency (directed verdict) for manslaughter and assault, improper joinder/KRE 404(b) use, prosecutorial reference to excluded evidence in closing, cumulative/emotional evidence (KRE 403), and an allegedly improper jury instruction on "deadly weapon."
Issues
| Issue | Plaintiff's Argument (Doneghy) | Defendant's Argument (Commonwealth) | Held |
|---|---|---|---|
| Sufficiency of evidence for 2nd‑degree manslaughter (directed verdict) | Commonwealth failed to prove wanton mental state; little/no evidence of intoxication, speeding, or dangerous maneuvers | Evidence (witness observations, collision reconstruction showing deliberate path toward parked cars, opportunity to see officer) allowed inference of wanton conduct | Denied — sufficiency met; more than a scintilla supported wantonness and manslaughter conviction |
| Joinder of collision charges with arrest/drug charges (severance/KRE 404(b)) | Charges were unrelated; joinder allowed inadmissible, prejudicial 404(b) evidence | The flight, resistance, barricading and arrest were part of an unbroken chain and admissible to show guilty conscience; evidence would be admissible in separate trial too | Denied — no abuse of discretion; no undue prejudice; 404(b) permitted to show guilty conscience |
| Prosecutor’s reference in closing to excluded witness opinion | Passing mention of inadmissible opinion required reversal or palpable error | Reference was brief, jury was admonished, and same witness had admitted relevant observations ("zoned‑out") | Not palpable error — overall fairness not undermined |
| Use of other‑acts/drug‑related evidence (KRE 404(b)) | Testimony and apartment photos improperly painted Doneghy as a bad person and were highly prejudicial | Testimony was limited, relevant to who was driving and to explain post‑collision conduct; many objections were not preserved; limiting instructions were offered | Not palpable error — admission did not render trial manifestly unjust |
| Admission of multiple first‑responder witnesses and emotional testimony (KRE 403) | Cumulative, needlessly emotional testimony (many officers, some crying) unfairly prejudiced jury | Trial court exercised discretion; overlapping testimony provided different perspectives and background; showing victim as a person is permissible | Not palpable error — trial court did not abuse discretion; probative value not substantially outweighed by prejudice |
| Jury instruction on second‑degree assault (deadly weapon/dangerous instrument) | Court improperly decided the ‘‘deadly weapon’’ element as a matter of law instead of submitting it to the jury | Trial court used statutory list and framed instruction so jury could still find knife was not a listed deadly weapon (pocket/hunting knife exception) | Affirmed but court overruled Potts to the extent it allowed the court to decide such questions; best practice is to submit weapon characterization to the jury |
Key Cases Cited
- Benham v. Commonwealth, 816 S.W.2d 186 (Ky. 1991) (standard for reviewing motions for directed verdict)
- Brown v. Commonwealth, 174 S.W.3d 421 (Ky. 2005) (intoxication not required to prove wanton conduct in vehicular homicide)
- Rodriguez v. Commonwealth, 107 S.W.3d 215 (Ky. 2003) (KRE 404(b) list is illustrative; flight/arrest admissible to show guilty conscience)
- Potts v. Commonwealth, 884 S.W.2d 654 (Ky. 1994) (court previously held some weapon questions may be decided as a matter of law)
- Thacker v. Commonwealth, 194 S.W.3d 287 (Ky. 2006) (jury must determine every essential element; court must submit application of law to fact to jury)
- Brewer v. Commonwealth, 206 S.W.3d 343 (Ky. 2006) (standard for palpable error/reversal for prosecutorial misconduct)