State of Maine v. Andrew P. Bilodeau, 237 A.3d 156

On Nov. 18, 2017, Andrew P. Bilodeau, a licensed driver with visual impairments and cerebral palsy, struck and killed a pedestrian in a marked crosswalk at night in Augusta.
Bilodeau’s driving involved using both feet on pedals and relying on steering rather than braking; at the time of impact his car was largely in the oncoming lane and was below the 25 mph speed limit.
Bilodeau told police he saw someone or something in the crosswalk but did not trust his legs to brake, so he steered into the oncoming lane to try to avoid the obstacle rather than brake.
He was indicted for Class A manslaughter (recklessness or criminal negligence), tried by jury, convicted, and sentenced to ten years with all but one year suspended and four years’ probation.
Post-trial motions for judgment of acquittal and for a new trial (arguing prosecutorial misconduct for comments about his disability) were denied; Bilodeau appealed.

Issue	State's Argument	Bilodeau's Argument	Held
Sufficiency of evidence for manslaughter (recklessness or criminal negligence)	Evidence showed Bilodeau saw the victim, chose to steer into oncoming lane instead of braking, so a jury could find the required mental state	Evidence insufficient to prove recklessness or criminal negligence; accident explained by disabilities and braking limitations	Affirmed. Viewing evidence for the State, a rational jury could find recklessness or criminal negligence beyond a reasonable doubt
Prosecutorial remarks about defendant's disability in closing; motion for new trial	Reference to defendant’s disabilities was proper and relevant because Bilodeau testified about them; licensure does not bar discussing relevant evidence	Statements were improper: a licensed disabled driver should not be argued to be at fault; licensing should preclude such argument	Affirmed. No obvious error; comments were based on defendant’s testimony and relevant to elements of the offense

State v. Nobles, 179 A.3d 910 (Me. 2018) (standard for viewing evidence in sufficiency review)
State v. Williams, 225 A.3d 751 (Me. 2020) (sufficiency review standard and jury inferences)
State v. Fahnley, 119 A.3d 727 (Me. 2015) (obvious-error standard for unpreserved prosecutorial misconduct claims)
State v. Carisio, 552 A.2d 23 (Me. 1988) (affirming manslaughter conviction where driver deliberately ran stop sign believing there was time to avoid collision)
State v. Gammon, 529 A.2d 813 (Me. 1987) (affirming manslaughter conviction where driver saw stopped vehicle ahead but failed to slow)
State v. Hanks, 397 A.2d 998 (Me. 1979) (vehicular manslaughter affirmed where vehicle condition and conduct caused fatal collision)