2011 Ohio 1320
Ohio Ct. App.2011Background
- Appellant Caitlin DeMastry was indicted on one count of aggravated vehicular homicide (R.C. 2903.06), one count of involuntary manslaughter (R.C. 2903.04) with predicate DUI/alcohol use and/or driving under suspension, and one count of tampering with evidence (R.C. 2921.12).
- After the accident, DeMastry told a 9-1-1 dispatcher that her designated driver, Jeffrey Davis, was operating the vehicle, though Davis was actually a passenger.
- Trial began January 12, 2010; the jury acquitted on aggravated vehicular homicide but found DeMastry guilty of involuntary manslaughter and tampering with evidence.
- The jury found the predicate evidence insufficient to prove DUI; thus driving under suspension remained the sole predicate for involuntary manslaughter.
- DeMastry moved for acquittal post-verdict; the trial court denied; she appealed challenging multiple evidentiary and legal rulings.
- The trial court sentenced DeMastry to four years on each count, to be served consecutively; appellate court disposition followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Tampering with evidence sufficiency when alternative statutes exist | DeMastry argues 2921.12(A)(2) is superseded by 2921.13(A)(3) and/or 2921.31(A) | State contends 2921.12(A)(2) covers making a false 9-1-1 record to mislead investigators | Tampering affirmed; 2921.12(A)(2) not displaced by 2921.13(A)(3) or 2921.31(A) |
| Sufficiency to convict on driving under suspension as a predicate offense | State contends evidence showed suspension and driving as operator; substantial proof | DeMastry argues no notice/knowledge established; insufficient link to predicate | Denied; sufficient evidence supported driving-under-suspension conviction |
| Postverdict motion for acquittal on involuntary manslaughter | State failed to prove death proximate to suspension; conviction should stand | DeMastry asserts lack of proximate-cause nexus between suspension and death | Sustained; involuntary-manslaughter conviction vacated due to lack of proximate-cause linkage |
| Concerning consecutive sentences | Consecutive sentences were unlawful | Moot; disposition on assignment IV controls |
Key Cases Cited
- State v. Lazzaro, 76 Ohio St.3d 261 (1996) (false information to aid investigation sanctioned under R.C. 2921.13(A)(3) and 2921.31(A))
- Columbus v. New, 1 Ohio St.3d 221 (1982) (public officials’ duties; cooperation with law enforcement)
- State v. Conyers, 87 Ohio St.3d 246 (1999) (premature precedence of more specific statutes over tampering statute questioned)
- State v. Volpe, 38 Ohio St.3d 191 (1988) (specificity rationale regarding precedence over tampering statute questioned)
- Jackson v. Virginia, 443 U.S. 307 (1981) (sufficiency standard for criminal convictions)