255 A.3d 966
D.C.2021Background
- On Dec. 31, 2018, MPD officers in a marked car with an LPR alerted to a possibly stolen Hyundai; Officers Drake and Little pulled alongside the Hyundai.
- Officer Drake (in uniform and high-visibility jacket) opened the driver’s door, identified himself as police, and told the driver (appellant Michael Lewis) to step out; Lewis began to drive away.
- Officer Drake grabbed Lewis as the car moved; Drake yelled for Lewis to stop but was dragged and then the Hyundai T‑boned a parked Volkswagen, causing substantial property damage to the Volkswagen and damage to the Hyundai.
- Lewis later told detectives he was a ‘‘wheel man’’ and said he hit the gas after a passenger door opened because he thought he was being carjacked; at trial he presented no evidence and moved for acquittal.
- A jury convicted Lewis of multiple offenses including felony fleeing (premised on reckless driving and property damage) and reckless driving; Lewis appealed only the fleeing and reckless driving convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether convictions for reckless driving and felony fleeing (§50-2201.05b(b)(2)) must merge under Double Jeopardy | Gov't: convictions do not merge because felony fleeing was premised in part on property damage, an element beyond reckless driving | Lewis: reckless driving is wholly incorporated in the felony fleeing clause so the two offenses merge | Affirmed: no merger because jury found property damage as an independent element of felony fleeing |
| Whether evidence was sufficient to show officer signaled appellant to stop (an element of felony fleeing) | Gov't: Officer Drake testified he identified himself and ordered Lewis to step out and to stop; that testimony suffices | Lewis: no audible signal/insufficient evidence; appellant was surprised and acted involuntarily | Affirmed: viewing evidence in gov't favor, Officer Drake’s testimony was sufficient for a reasonable jury to find a signal beyond a reasonable doubt |
Key Cases Cited
- Blockburger v. United States, 284 U.S. 299 (1932) (test for whether two offenses are the same for double jeopardy purposes)
- Fox v. United States, 11 A.3d 1282 (D.C. 2011) (property damage is an element distinct from reckless driving for felony fleeing)
- Pelote v. District of Columbia, 21 A.3d 599 (D.C. 2011) (held the reckless-driving language in the felony-fleeing statute can fully incorporate the reckless driving statute)
- Tann v. United States, 127 A.3d 400 (D.C. 2015) (single witness testimony can sustain a conviction; appellate deference to jury credibility)
- Watson v. United States, 979 A.2d 1254 (D.C. 2009) (articulates standard for reviewing sufficiency of the evidence)