Gill v. State
2015 Ark. 421
| Ark. | 2015Background
- On March 29, 2012, William Gill (age 71) pulled from North Apple Street into Highway 367 at a controlled intersection and collided with Emmaly Holt, who was pronounced dead at the scene.
- Gill told police he stopped at the stop sign, ‘‘looked both ways,’’ but did not see Holt’s vehicle; no alcohol or drugs were found in his system.
- Trooper Simpson measured the distance from the stop sign to the point of impact and testified as to right-of-way and scene conditions; accident-reconstruction testimony estimated speeds and showed no skid marks.
- State charged Gill with negligent homicide (criminal negligence standard) and operating without adequate insurance; bench trial resulted in convictions and concurrent six-month jail sentences and fines.
- At trial Gill offered an insurance renewal document; the insurer testified Gill’s policy lapsed for nonpayment before the collision, and the State’s exhibit showed only prior coverage.
- Gill appealed; the Arkansas Supreme Court granted review of the court-of-appeals decision and addressed sufficiency of the evidence for both counts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for negligent homicide | State: Gill’s failure to see Holt and his vehicle entering the highway caused death; circumstantial evidence supports conviction | Gill: Evidence shows at most civil negligence; no proof of gross deviation or blameworthy risk-creating conduct | Reversed and dismissed — evidence did not show criminal negligence or a gross deviation from reasonable care |
| Sufficiency of evidence for inadequate insurance at time of accident | State: Failure to present proof of current insurance at scene creates a rebuttable presumption of no coverage; insurer testified policy lapsed | Gill: Presented renewal/insurance documents he claims show coverage on accident date | Affirmed — Gill failed to rebut presumption; insurer testified policy terminated for nonpayment before collision |
Key Cases Cited
- Utley v. State, 366 Ark. 514 (affirming negligent-homicide conviction where driver stayed in wrong lane long distance without braking)
- Hunter v. State, 341 Ark. 665 (affirming negligent-homicide conviction for passing on double-yellow in poor visibility)
- Lowe v. State, 264 Ark. 205 (affirming negligent-homicide where defendant was speeding and refused to yield to police)
- Baker v. State, 237 Ark. 862 (affirming negligent-homicide where defendant was speeding after drinking)
- People v. Boutin, 555 N.E.2d 253 (N.Y. 1990) (construing criminally negligent homicide to require culpable risk creation; mere nonperception of risk is insufficient)