336 P.3d 424
N.M. Ct. App.2014Background
- Defendant Jesus Munoz was stopped by Lovington police after a witness reported speeding; he admitted driving 80 mph and was given a verbal warning to slow to 45 mph and that the limit would drop to 35 mph.
- About 1–1.5 miles after the stop, at an intersection where the limit was 35 mph, Munoz struck Trejo’s vehicle on the passenger side, killing passenger Cruzina Ruiz.
- Accident reconstruction estimated Munoz was 54–59 mph before braking and 37–40 mph at impact; rear brakes were not examined and might have allowed higher speeds.
- Witnesses reported Munoz veered right into Trejo’s car (Trejo had accelerated to avoid the collision) and appeared to be laughing as he veered.
- Munoz was convicted by a jury of vehicular homicide by reckless driving (NMSA 1978, § 66-8-101) and misdemeanor reckless driving (§ 66-8-113); he appealed arguing insufficient evidence of recklessness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence was sufficient to prove willful disregard/recklessness for vehicular homicide and misdemeanor reckless driving | Evidence of speeding, passing, disregard of officer’s warning minutes before crash, veering into the other car, and laughing show willful disregard of others’ safety | Speeding alone is insufficient; conduct here is less egregious than prior cases (e.g., driving on wrong side or fleeing police), so no willful disregard shown | Affirmed. Jurors could reasonably find recklessness based on speeding plus ignoring police warning, veering into collision, and demeanor (laughing) |
Key Cases Cited
- State v. Cunningham, 128 N.M. 711, 998 P.2d 176 (discussing appellate standard of review for sufficiency of the evidence)
- State v. Garcia, 149 N.M. 185, 246 P.3d 1057 (same standard: jury must be able to find essential facts beyond reasonable doubt)
- State v. Wildgrube, 134 N.M. 262, 75 P.3d 862 (definition/recognition of recklessness as willful disregard of rights and safety of others)
- State v. Ibn Omar-Muhammad, 102 N.M. 274, 694 P.2d 922 (high-speed flight and running roadblocks constitute recklessness)
- State v. Richerson, 87 N.M. 437, 535 P.2d 644 (driving greatly over limit in residential area and on wrong side supported reckless-driving submission to jury)
- State v. Sandoval, 88 N.M. 267, 539 P.2d 1029 (course of dangerous driving—speeding, risky maneuvers—supported vehicular homicide by reckless driving)
- State v. Clemonts, 139 N.M. 147, 130 P.3d 208 (speeding alone is not per se reckless)
- State v. Simpson, 116 N.M. 768, 867 P.2d 1150 (speed plus additional culpable conduct can establish recklessness)