Justin D. Wibbels v. Commonwealth of Kentucky
2016 SC 000103
| Ky. | Mar 20, 2017Background
- On June 16, 2014, Justin Wibbels drove an extended-cab pickup on KY 30 and repeatedly passed vehicles by using the oncoming lane and the eastbound emergency lane while traveling westbound.
- Witnesses estimated Wibbels’s speed above 80 mph and described multiple dangerous lane changes and a near-miss with a turning vehicle.
- A utility van driven by Jerry Thompson abruptly moved into the eastbound emergency lane and collided with Wibbels’s truck in the grassy shoulder; Thompson died instantly.
- Wibbels was convicted by a jury of wanton murder; the trial court imposed a 20-year sentence consistent with the jury’s recommendation.
- On appeal Wibbels argued (1) the Commonwealth failed to prove wanton murder so he was entitled to a directed verdict, and (2) the trial court abused its discretion by excluding testimony about the victim’s family’s ill will toward him.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for wanton murder (directed verdict) | Wibbels: evidence insufficient to show the extreme indifference required for wanton murder | Commonwealth: evidence of excessive speed, repeated use of oncoming lane/emergency lane amid commuter traffic, near-miss, and minimal social utility supports wantonness | Affirmed — reasonable juror could find extreme indifference; denial of directed verdict proper |
| Admissibility of testimony about Thompson family’s ill will | Wibbels: family’s threats explain why he did not send remorse letters or calls; offers context for lack of contact | Commonwealth: line of questioning proper; family hostility irrelevant to guilt phase and more prejudicial than probative | Affirmed — trial court did not abuse discretion; evidence irrelevant to mens rea at time of crash and could be excluded under KRE 403; any error harmless |
Key Cases Cited
- Hamilton v. Commonwealth, 560 S.W.2d 539 (Ky. 1977) (affirming wanton murder conviction where defendant was drunk, speeding, and driving in turn lane before causing fatal collision)
- Benham v. Commonwealth, 816 S.W.2d 186 (Ky. 1991) (standard for directed verdict; draw all fair inferences for Commonwealth)
- Graves v. Commonwealth, 17 S.W.3d 858 (Ky. 2000) (affirming wanton murder where defendant raced at extremely high speed and caused fatal collision)
- Brown v. Commonwealth, 174 S.W.3d 421 (Ky. 2005) (discussing heightened mental state of extreme indifference required for wanton murder and examples of aggravated wantonness)