Kristopher Shane West v. Commonwealth of Kentucky
2023-SC-0356
Ky.Jun 20, 2025Background
- Kristopher Shane West was convicted by an Ohio Circuit Court jury of murder, first-degree assault, operating a motor vehicle under the influence (4th offense), unlawful transaction with a minor, and related offenses after a fatal drunk-driving crash.
- On August 27, 2020, while intoxicated and with a suspended license, West drove erratically, causing a rollover crash that killed Brianna Bratcher and seriously injured Kaela Hilliard.
- West had a blood alcohol level of 0.149 and tested positive for marijuana and methamphetamines at the time of the crash.
- Hilliard suffered a fractured vertebrae, experienced lasting pain and restrictions, and testified to ongoing impairment.
- The trial court imposed prison sentences totaling fifty-six years, as well as fines, fees, and costs, despite West’s indigency.
- On appeal, West challenged the sufficiency of the evidence for his assault and murder convictions, and the assessment of monetary penalties against him as an indigent defendant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of First-Degree Assault | Hilliard’s injuries did not meet statutory definition of "serious physical injury." | Commonwealth contends evidence showed prolonged impairment and lasting pain. | Sufficient evidence supported the jury's finding of serious physical injury. |
| Sufficiency of Murder Conviction | West did not act with "extreme indifference," and speed was not excessive at crash. | Commonwealth points to total reckless conduct and witnesses of extended dangerous behavior. | Evidence sufficient for wanton murder conviction; no error. |
| Assessment of Fines & Costs | Fines/costs can't be imposed on indigent defendants. | Commonwealth agreed, noting West’s indigency status in record. | Monetary fines and costs vacated by agreement of parties. |
Key Cases Cited
- Commonwealth v. Sawhill, 660 S.W.2d 3 (Ky. 1983) (directed verdict should only issue if evidence insufficient to sustain conviction)
- Commonwealth v. Benham, 816 S.W.2d 186 (Ky. 1991) (trial court assumes Commonwealth’s evidence is true in directed verdict motions)
- Parson v. Commonwealth, 144 S.W.3d 775 (Ky. 2004) (prolonged pain can constitute serious physical injury)
- Sluss v. Commonwealth, 381 S.W.3d 215 (Ky. 2012) ("wanton murder" determined by totality of circumstances)