Kin Yiu Cheung v. Commonwealth of Virginia
63 Va. App. 1
| Va. Ct. App. | 2014Background
- Cheung, a Sky Express bus driver, drove an interstate trip from Greensboro to New York on May 30–31, 2011; the bus carried 57 passengers.
- Passengers observed early signs of impairment: confusion, agitation, difficulty handling tickets, and consumption of coffee/energy drinks during stops.
- After South Hill, multiple passengers (including an experienced driver) reported at least an hour of erratic driving: swerving, lane crossings, variable speeds, missed signals, hitting rumble strips, and other vehicles pulling off to avoid the bus.
- Around 5:00 a.m., the bus drifted, hit rumble strips, Cheung was seen slumped (appearing asleep), awoke and overcorrected, and the bus flipped, killing four passengers.
- Cheung admitted to police he was tired and that he fell asleep while driving; no drugs or alcohol were found. He was charged and convicted in the Circuit Court of Caroline County on four counts of involuntary manslaughter and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence showed negligence "so gross and wanton" as to prove criminal negligence for involuntary manslaughter | Commonwealth: Cheung knowingly drove while tired, ignored warnings, and his prolonged, impaired driving created a reckless disregard for life | Cheung: Conduct was negligent but not the heightened criminal negligence required for involuntary manslaughter | Court: Affirmed — evidence sufficient; Cheung knew or should have known his drowsiness impaired driving and posed great risk |
Key Cases Cited
- King v. Commonwealth, 217 Va. 601 (defines vehicular involuntary manslaughter: negligence so gross, wanton and culpable as to show reckless disregard of human life)
- Keech v. Commonwealth, 9 Va. App. 272 (explains criminal negligence standard; objective test)
- Conrad v. Commonwealth, 31 Va. App. 113 (affirming conviction where driver had been awake many hours and nodded off repeatedly)
- Hargrove v. Commonwealth, 10 Va. App. 618 (falling asleep while driving alone may not be criminal absent awareness of high risk)
- Stover v. Commonwealth, 31 Va. App. 225 (cumulative negligent acts may demonstrate reckless disregard)
- Jetton v. Commonwealth, 2 Va. App. 557 (same principle regarding cumulative negligent acts)
- Skidmore v. Maryland, 887 A.2d 92 (deliberate failure to heed drowsiness warnings is evidence of reckless disregard)
- Taboada v. Daly Seven, Inc., 271 Va. 313 (civil standard for common carriers noted; discussed elevated civil duty)