Edward Christopher Barrowes v. State, 390 P.3d 1126

Edward Barrowes, a commercial semi-truck driver, fell asleep while driving a loaded double-trailer (~110,000 lbs) on I-80 and struck a properly parked tractor-trailer, killing Aleksandr Kozak who was assisting a disabled vehicle on the shoulder.
Prior to the crash Barrowes had been driving, rested in the sleeper berth, texted while resting, then resumed driving; he admitted to fighting fatigue, prioritizing schedule over rest, and later told troopers he fell asleep at the wheel.
Other commercial drivers observed Barrowes’ rig swerving for several minutes at about 65 mph and passing exit ramps before the vehicle veered into the parked rig.
Barrowes was charged with aggravated homicide by vehicle (reckless driving causing death); the jury convicted and the district court sentenced him to 14–18 years’ imprisonment.
On appeal Barrowes argued the evidence was insufficient to prove recklessness rather than mere criminal negligence; the State relied on his admissions, observed swerving, his professional status, and the foreseeability of severe harm from a loaded semi.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was evidence sufficient to prove aggravated homicide by vehicle (recklessness) beyond a reasonable doubt?	State: Barrowes knowingly disregarded substantial risk of falling asleep, admitted prioritizing schedule, and was observed swerving—sufficient for recklessness.	Barrowes: At most criminal negligence—complied with rest rules, maintained logs, sober, under speed limit, and fatigue alone should not automatically equal recklessness.	Affirmed: Viewing evidence for State, jury could reasonably find conscious disregard of substantial/unjustifiable risk (recklessness).

Breazeale v. State, 245 P.3d 834 (Wyo. 2011) (recklessness instruction applied in aggravated vehicular homicide context)
Relish v. State, 860 P.2d 455 (Wyo. 1993) (experienced trucker driving at unsafe speeds in bad weather held reckless)
Rogers v. State, 971 P.2d 599 (Wyo. 1999) (driving after prolonged wakefulness and substance use supports recklessness)
Orona-Rangal v. State, 53 P.3d 1080 (Wyo. 2002) (high-speed, deliberate traffic violations support aggravated vehicular homicide)
Valyou v. State, 910 A.2d 922 (Vt. 2006) (falling asleep by itself not automatically criminal; continuing to drive after notice of risk can be reckless or negligent)
Skidmore v. State, 887 A.2d 92 (Md. 2005) (driver who admitted extreme drowsiness and chose to continue driving supported finding of recklessness)
Kin Yiu Cheung v. Commonwealth, 753 S.E.2d 854 (Va. App. 2014) (commercial driver who ignored warning signs of drowsiness and continued driving showed reckless disregard for life)
Murray v. State, 855 P.2d 350 (Wyo. 1993) (distinguishes conscious disregard (recklessness) from failure to perceive risk (criminal negligence))