State v. Taylor
10 A.3d 1062
| Conn. App. Ct. | 2011Background
- On August 23, 2007, Taylor struck Luigi Legorano with his car on Whittier Avenue, Waterbury, a street with a one-way portion and a two-way portion; the victim was in the street when struck.
- Taylor drove southbound on Eastern Avenue, turned onto Whittier and went the wrong way on the one-way section, prompting the victim to warn him.
- Taylor stopped about five feet from the victim, words were exchanged, and Taylor eventually struck the victim, knocking him to the ground.
- Taylor then reversed and fled the scene; police later located his vehicle and he admitted to striking the victim.
- Evidence included the victim’s sister-in-law identifying the plate, recovering the vehicle, and an officer’s testimony tying the plate to Taylor; Taylor was arrested on multiple charges.
- The jury convicted Taylor on evading responsibility under § 14-224(b), reckless driving under § 14-222(a), and the count for operating a vehicle the wrong direction on a one-way street (court trial).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supports evading responsibility under § 14-224(b) despite arguments about 'accident. | State urged that 'accident' includes unintentional conduct; evidence could support unintentional collision. | Taylor argued the collision was intentional or not an ‘accident’ under the statute. | Affirmed evading responsibility conviction. |
| Whether Whittier Avenue was a municipal road under § 14-222(a) to sustain reckless driving. | State contends Whittier Avenue was a public road within § 14-222(a) through evidence of control and public travel. | Taylor contends insufficient evidence to show Whittier Avenue was a municipal road. | Reversed for reckless driving; insufficient evidence Whittier was a municipal road. |
Key Cases Cited
- State v. Rembert, 26 Conn.App. 145 (1991) (accident statute can apply to intentional conduct when evidence shows intent to injure others)
- State v. Bonner, 110 Conn.App. 621 (2008) (standard for sufficiency review; two-step approach)
- State v. McKiernan, 78 Conn.App. 182 (2003) (jury may draw reasonable inferences; circumstantial evidence sufficient)
- State v. Sanders, 54 Conn.App. 732 (1999) (credibility of witnesses; jury may accept part of testimony)
- State v. Williams, 220 Conn. 385 (1991) (burden beyond reasonable doubt applies to every element)
- State v. Harrison, 30 Conn.App. 108 (1993) (highway/public open to public travel analysis; evidentiary factors)
- State v. Reynolds, 264 Conn. 1 (2003) (reasonable doubt standard; standard of review)
