A163868
Cal. Ct. App.Jul 22, 2024Background
- Michael Raymond Verette was convicted of two counts of murder after killing two motorists in a high-speed, wrong-way freeway crash while fleeing police.
- On the night of the incident, Verette used methamphetamine, drove at excessive speeds, and made statements to his passenger indicating he wanted to evade police due to fear of returning to prison.
- Verette had a history of prior dangerous driving incidents, including fleeing law enforcement and having a suspended license.
- At trial, the defense requested jury instructions on involuntary manslaughter as a lesser included offense to murder, arguing the evidence could support such a charge.
- The trial court declined the instruction, citing state law barring involuntary manslaughter instructions in cases involving vehicular homicide.
- The defense also argued that a post-accident statement of remorse by Verette should have been admitted; the trial court excluded it as irrelevant to Verette's mental state during the crime.
Issues
| Issue | Verette's Argument | State's Argument | Held |
|---|---|---|---|
| Should jury have been instructed on involuntary manslaughter? | Penal Code does not bar the instruction; it’s needed for due process | Statute unambiguously prohibits involuntary manslaughter for vehicular killings | No instruction required; statute bars it |
| Exclusion of post-accident remorse statement error? | Remorse showed lack of implied malice, relevant to mens rea | Remorse after act not relevant to mental state during driving | No error; remorse not probative of mens rea |
| Did statutory bar violate due process/equal protection? | Bar violates fundamental fairness and equal protection | No constitutional violation; statute rational and applied equally | No constitutional violation found |
| Cumulative prejudice from errors | Combined, the errors deprived defense of fair trial | No cumulative error as no underlying error occurred | No cumulative prejudice; judgment affirmed |
Key Cases Cited
- People v. Watson, 30 Cal.3d 290 (Cal. 1981) (defines implied malice for vehicular homicide)
- People v. Munoz, 31 Cal.App.5th 143 (Cal. Ct. App. 2019) (statute bars involuntary manslaughter instructions for vehicular killings)
- People v. Wolfe, 20 Cal.App.5th 673 (Cal. Ct. App. 2018) (plain language of statute prohibits involuntary manslaughter in vehicular homicide cases)
- People v. Sanchez, 24 Cal.4th 983 (Cal. 2001) (gross vehicular manslaughter not a lesser included offense of murder)