People v. Griego
409 P.3d 338
Colo.2018Background
- Defendant Isidore Griego was arrested after two DUI-related incidents (Dec. 26, 2005 and Oct. 7, 2006) in Arapahoe County involving erratic driving and sleeping at the wheel with the engine running.
- The District Attorney charged Griego with attempted reckless manslaughter and attempted second-degree assault (class 5 felonies), alleging he recklessly attempted to cause death/serious injury to “any and all members of the public in his vicinity.”
- Officers on scene and a DA investigator concluded Griego’s conduct did not pose an imminent threat to any particular person; one officer testified the oncoming car never came closer than 100–150 feet and that Griego’s vehicle never threatened oncoming traffic.
- At trial, the jury convicted Griego on all counts; he was sentenced to concurrent terms in prison and appealed, arguing the People failed to show that “another person” (a discernible victim) was placed at risk.
- The court of appeals reversed, holding the statutes require risk to a discernible person; the Colorado Supreme Court granted certiorari to resolve whether “another person” can mean the public at large and whether the evidence was sufficient.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the phrase “another person” in attempted reckless manslaughter and attempted second-degree assault can mean the public at large | The People: no identifiable victim necessary; risk to any member of the public suffices | Griego: statutes require risk to an actual, discernible person; public-risk theory is insufficient | Held: “another person” requires a risk to an actual, discernible person; risk to public at large is insufficient |
| Whether evidence here was sufficient to prove attempt given the required risk to a discernible person | The People: Griego’s erratic DUI driving and time/place support attempt convictions (risk to public) | Griego: no evidence any particular person was placed at risk (officers testified no imminent danger to specific persons) | Held: Evidence insufficient for both incidents; convictions reversed and judgment of acquittal ordered |
Key Cases Cited
- People v. Thomas, 729 P.2d 972 (Colo. 1986) (defines attempted reckless manslaughter under Colorado attempt statute; attempt requires substantial step strongly corroborative of actor’s purpose)
- People v. Krovarz, 697 P.2d 378 (Colo. 1985) (distinguishes completed offenses involving identifiable victims)
- People v. Frazier, 90 P.3d 807 (Colo. 2004) (traffic code and criminal code serve different purposes; courts avoid constructions producing absurd results)
- People v. Fury, 872 P.2d 1280 (Colo. App. 1993) (vehicular eluding protects public at large; prosecutions under public-peace statutes need not identify a particular victim)
- People v. Lehnert, 163 P.3d 1111 (Colo. 2007) (explains modern Colorado approach to attempt liability focused on substantial step corroborating actor’s intent)