154 So. 3d 64
Miss. Ct. App.2014Background
- Defendant Robert Williams fled police after attempting to shoplift, leading to a 14‑mile high‑speed pursuit by multiple agencies.
- During the chase Williams ran multiple traffic controls, drove over 100 mph at times, and was involved in contact with a pursuing patrol car.
- At an intersection Williams ran a red light, attempted to use a right turn lane, struck Milinda Clark’s vehicle at ~54 mph, and Clark died from blunt‑force injuries.
- Williams was indicted and tried for evasion causing death under Miss. Code Ann. § 97‑9‑72(4); conviction and habitual‑offender sentence (40 years) followed.
- Defense theory: police pursuit, not Williams’s flight, caused Clark’s death; sought lesser‑included instruction for felony evasion under subsection (2).
Issues
| Issue | Plaintiff's Argument (Williams) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Vagueness of §97‑9‑72 | Statute is confusing; fails to distinguish intent to flee from deaths caused by unreasonable pursuits; undefined terms (e.g., reckless) | Statute provides adequate notice; words like "reckless" have settled meaning; vagueness claim procedurally preserved | Statute not unconstitutionally vague either facially or as‑applied; claim rejected |
| Indictment sufficiency | Indictment unclear re: whether felony evasion must be found before causation; challenges superfluous language | Indictment tracked statutory elements (although included extra language from subsection (2)); no prejudice shown | Indictment sufficient; extra allegations not reversible error |
| Sufficiency and weight of evidence | Police pursuit was the actual cause; Williams not sole proximate cause so conviction unsupported | Williams’s flight directly and proximately led to collision; multiple proximate causes possible; pursuit not superseding intervening cause | Evidence overwhelming that Williams’s evasion resulted in death; conviction supported and not against weight of evidence |
| Lesser‑included instruction (subsection (2)) | Jury should have been allowed to convict of lesser evasion (reckless driving) if death didn’t "result" from evasion | Proof showed death did result from evasion; no evidentiary support that pursuit was superseding cause | Court properly refused lesser‑included instruction; no reasonable evidence to support it |
Key Cases Cited
- Fulgham v. State, 47 So.3d 698 (Miss. 2010) (vagueness-analysis framework and procedural‑bar guidance)
- Roark & Hardee LP v. City of Austin, 522 F.3d 533 (5th Cir. 2008) (approach to vagueness review applied by Fulgham)
- Walker v. State, 881 So.2d 820 (Miss. 2004) (statutory wording measured by common understanding for notice)
- Edwards v. State, 800 So.2d 454 (Miss. 2001) (presumption in favor of statutory validity; challenger must prove unconstitutionality)
- Bush v. State, 895 So.2d 836 (Miss. 2005) (standards for sufficiency and weight of evidence review)
- Barnes v. State, 162 So.2d 865 (Miss. 1964) (definition and precedent on reckless/wanton disregard)
- Hill v. Columbus Ice Cream & Creamery Co., 93 So.2d 634 (Miss. 1957) (more than one proximate cause may exist)
- Glover v. Jackson State Univ., 968 So.2d 1267 (Miss. 2007) (discussion of intervening superseding causes)
- Robinson v. Howard Bros. of Jackson, Inc., 372 So.2d 1074 (Miss. 1979) (foreseeability of responses to dangerous conduct)
- Goodnite v. State, 799 So.2d 64 (Miss. 2001) (standard for granting lesser‑included offense instruction)