Jordan Stafford v. State of Indiana
83 N.E.3d 721
| Ind. Ct. App. | 2017Background
- On May 9, 2014, Jordan Stafford drove a truck into a worksite on I-69 where workers Coty DeMoss and Kenneth Duerson were dismantling an arrow board; both workers were killed.
- Evidence showed Stafford was traveling ~74 mph (slowed to ~68 mph at impact) and did not change lanes despite arrow signals; truck struck the back of a Rieth-Riley truck.
- A Marion County grand jury indicted Stafford on two counts of Class C felony reckless operation in a highway work zone causing death (and two related counts later vacated).
- A jury convicted Stafford of two Class C felonies; the trial court sentenced him to consecutive five-year terms (aggregate 10 years).
- Stafford argued his single act of reckless driving cannot sustain multiple convictions because the statute (Ind. Code § 9-21-8-56) is conduct-based rather than result-based.
- The Court of Appeals, applying Indiana Supreme Court precedent, vacated one conviction and remanded for resentencing on a single conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether one act of reckless driving in a work zone that kills multiple workers may support multiple convictions under Ind. Code § 9-21-8-56 | The State argued multiple deaths permit multiple convictions (each death a separate punishable result) | Stafford argued § 9-21-8-56 defines a conduct-based crime (reckless operation in a work zone) and the fatal result only enhances penalty, so one act yields only one conviction | Court held statute is conduct-based like the OWI statutes in Kelly; vacated one of Stafford’s two convictions and remanded for resentencing on a single conviction |
Key Cases Cited
- Kelly v. State, 539 N.E.2d 25 (Ind. 1989) (affirming that conduct-based statutes that merely elevate penalty for injury/death permit only one conviction for a single act)
- Mathews v. State, 849 N.E.2d 578 (Ind. 2006) (applies Kelly to limit multiple convictions for a single arson that injured multiple people)
- Guyton v. State, 771 N.E.2d 1141 (Ind. 2002) (common-law principle barring separate punishment for the same act)
- Scott v. Irmeger, 859 N.E.2d 1238 (Ind. Ct. App. 2007) (statutory interpretation is a question of law)
- Dragon v. State, 774 N.E.2d 103 (Ind. Ct. App. 2002) (appellate court bound by Indiana Supreme Court precedent)