People v. WilliamsPeople v. Williams
Lead Opinion
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robbins, J.), rendered April 17, 2013, convicting him of murder in the second degree, aggravated vehicular homicide (four counts), manslaughter in the second degree, vehicular manslaughter in the first degree (three counts), aggravated vehicular assault (three counts), vehicular assault in the first degree (three counts), assault in the second degree, aggravated operating a motor vehicle while under the influence of alcohol as a felony, operating a motor vehicle while under the influence of alcohol as a felony (two counts), driving while ability impaired by drugs, driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, aggravated unlicensed operation of a motor vehicle in the first degree, and reckless driving, upon a jury verdict, and imposing sentence.
Ordered that the judgment is modified, on the law, by vacating the convictions of manslaughter in the second degree, vehicular manslaughter in the first degree, vehicular assault in the first degree, aggravated operating a motor vehicle while under the influence of alcohol as a felony, operating a motor vehicle while under the influence of alcohol as a felony, driving while ability impaired by drugs, driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, aggravated unlicensed operation of a motor vehicle in the first degree, and reckless driving, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.
On the evening of June 17, 2011, the defendant smoked marijuana until he was high, then went out with his friend, Laron Harrison, to celebrate the defendant’s birthday. The defendant drank alcohol at the Phase Bar (hereinafter the bar) in Freeport into the early morning hours of June 18, 2011, became intoxicated, and was removed from the bar by a bouncer. The defendant and Harrison started a fistfight with the bouncer outside the bar, and a shot was fired from a gun. Although it is unclear from the record who fired the shot, the defendant and Harrison fled after the shot was fired. The bouncer saw the defendant drive away from the parking lot in his vehicle at ap
The detective followed the defendant’s vehicle in an unmarked police car with lights and sirens activated through a residential neighborhood for approximately two miles. The detective testified that he observed the defendant consistently exceed the speed limit of 30 miles per hour, traveling at speeds between 60 and 70 miles per hour. The defendant ran several red lights and stop signs, through various intersections. The detective testified that the defendant did not slow down as he approached these red lights and stop signs. The detective described one of the intersections as a major thoroughfare, running east and west with four lanes of traffic, with a large tree blocking the view of оncoming traffic.
According to the detective, the defendant accelerated away from him while proceeding eastbound on Pine Street, a side street, reaching a speed of over 80 miles per hour. At that point, the detective stopped pursuing the defendant. Shortly thereafter, the defendant collided with a vehicle operated by Chad Whethers at the intersection of Pine Street and Guy Lombardo Avenue, a main road in Freeport. The impact split Whethers’ vehicle in two, instantly killing him. A traffic engineer testified that the traffic light was generally green on Guy Lombardo Avenue, on which Whethers had been proceeding, and red on Pine Street, on which the defendant had been proceeding, unless a traffic detector or push button was activated, in which case it took at least six seconds for the light to change. Video footage from a local store located on a corner of the intersection revealed that another vehicle traveling on Guy Lombardo Avenue went through the intersection at Pine Street, only seconds before the defendant’s vehicle collided with Whethers’ vehicle. Notably, no skid marks were observed in the area of impact.
After the impact, the defendant’s vehicle came to rest on the front lawn of a Pine Street residence about 150 feet east of the intersection. A resident, awakened by the sound of the crash, observed the defendant limp down an alleyway toward the back of the residence. The defendant was found by another detective crouching in a basement stairwell in the rear of the residence. According to that detective, the defendant’s speech was slurred, his eyes were bloodshot, and he smelled of alcohol. Harrison remained in the front passenger seat of the defendаnt’s vehicle and had to be extricated from the vehicle by the fire department. He suffered a cervical spine fracture as a result of the accident.
At trial, the defendant invoked the defense of justification by necessity (
Viewing the evidence in the light most favorable to the prosecution (see People v Contes,
A person is guilty of depraved indifference murder when, “[u]nder circumstancеs evincing a depraved indifference to human life, [such person] recklessly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person” (
Here, the evidence proved beyond a reasonable doubt that the defendant recklessly engaged in conduct which created a grave risk of death to another person. First, the defendant was knowingly driving with a revoked driver license. Second, the defendant was driving while intoxicated with a BAG of approximately 0.25%, and high on marijuana. Third, the defendant engaged in a high-speed chase with the police for approximately two miles. Fourth, during this chase, the defendant sped through narrow streets of a residential neighborhood, traveling at speeds of more than double the legal limit. The defendant also ran through numerous stop signs and red traffic lights, without slowing down.
The evidence further demonstrated that prior to the crash, the defendant sped eastbound down Pine Street, a residential street with stop signs and traffic lights, reaching a speed of over 80 miles per hour. Perhaps most significantly, the compelling circumstantial evidence demonstrated that as the defendant approached a red traffiс light at the intersection of Guy Lombardo Avenue, he narrowly missed another vehicle that crossed the intersection, and seconds later, without slowing down, he ran the red light and crashed into Whethers’ vehicle with such force that he split the vehicle in two, instantly killing Whethers. The direct and circumstantial evidence proved that the defendant deliberately drove his vehicle into this intersection with an utter disregard for the value of human life, and thus was legally sufficient to support the determination that the defendant acted with depraved indifference (see People v Heidgen,
The defendant’s testimony did not warrant a different result. The defendant testified that he did not see the flashing lights of the detective’s vehicle behind him, and did not hear a siren. The defendant further testified that he was unaware of the speed limit, or the speed at which he was driving. Moreover,
The cases cited by our dissenting colleague do not dictate a different result as they are distinguishable on the facts. In People v Maldonado (
People v Valencia (
Viewing the facts of this case in their totality, we disagree with our dissenting colleague’s finding that the defendant’s conduct was not sufficiently egregious to support a conviction of depraved indifference murder. Indeed, the defendant’s conduct here is consistent with the conduct of the defendants Heidgen, Taylor, and McPherson (see People v Heidgen,
Contrary to the People’s contention, the defendant’s challenge to the legal sufficiency of the evidence of depraved indifference murder based upon his argument that his intoxication negated the culpable mental state of depraved indifference to human life is preserved for appellate review, as the defendant moved, albeit unsuccessfully, for dismissal on this ground at the close of the People’s case (see People v Finch,
Contrary to the defendant’s contention, the verdict finding him guilty of depraved indifference murder with respect to the death of Whethers was not inherently inconsistent and repugnant to the verdict finding him not guilty of depraved indifference assault with respect to Harrison (see People v Muhammad,
As the People correctly concede, the defendant’s convictions of vehicular manslaughter in the first degree, aggravated operating a motor vehicle while under the influence of alcohol as a felony, operating a motor vehicle while under the influence of alcohol as a felony, driving while ability impaired by drugs, driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, aggravated unlicensed operation of a motor vehicle in the first degree, and reckless driving must be vacated and those counts of the indictment dismissed as inclusory concurrent counts of the convictions of aggravated vehicular homicide (see
The sentences imposed on the convictions of murder in the second degree and aggravated vehicular homicide were not excessive (see People v Suitte,
Contrary to the defendant’s contention, raised at points two and four of his pro se supplemental brief, he was not deprived of the effective assistance of counsel, as defensе counsel provided meaningful representation (see People v Benevento,
The defendant’s remaining contentions regarding the grand jury proceeding, raised in point four of his pro se supplemental brief, are without merit.
Concurrence Opinion
concurs in part and dissents in part, and votes to modify the judgment, on the law, by vacating the convictions of murder in the second degree, vehicular manslaughter in the first degree, vehicular assault in the first degree, aggravated operating a motor vehicle while under the influence of alcohol as a felony, operating a motor vehicle while under the influence of alcohol as a felony, driving while ability impaired by drugs, driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs, aggravated unlicensed operation of a motor vehicle in the first degree, and reckless driving, vacating the sentences imposed thereon, and dismissing those counts of the indictment, and to affirm the judgment as so modified, with the following memorandum: Since I believe that the evidence was legally insufficient to support the defendant’s conviction of depraved indifference murder, I respectfully dissent in part.
“A verdict is legally sufficient when, viewing the facts in a light most favorable to the People, thеre is a valid line of reasoning and permissible inferences from which a rational jury could have found the elements of the crime proved beyond a reasonable doubt” (People v Danielson,
A person is guilty of depraved indifference murder when, “[u]nder circumstances evincing a depraved indifference to human life, [such person] recklеssly engages in conduct which creates a grave risk of death to another person, and thereby causes the death of another person” (
In People v Heidgen, the Court of Appeals, while stating that “intoxicated driving cases that present circumstances evincing a depraved indifference to human life are likely to be few and far between,” found that the “evidence in each of these unusually egregious cases was legally sufficient to support the convictions” (id. at 267). The defendant Heidgen “drove the wrong way on the highway for over two miles without reacting to other drivers coming at him, car horns, or wrong way signage. Perhaps most signifiсantly, more than one witness testified that defendant appeared to follow, or track, the headlights of oncoming vehicles” (id. at 277). The jury reasonably could have concluded that defendant Heidgen drove knowing that he was on the wrong side of a highway, and that he “engage [d] in what amount[ed] to a high speed game of chicken” (id.).
The defendant Taylor drove on a local road at speeds between 80 and 90 miles per hour, without headlights, on the wrong side of the road, and struck a pedestrian who was crossing the street (id. at 271-272). Although she perceived at least some of the obstacles in hеr path, notably the pedestrian victim prior to striking him, the defendant Taylor, who was wearing her seat belt, did not slow down, sound her horn, or make any attempt to swerve to avoid the pedestrian (see id. at 272, 278). After striking the pedestrian, and without slowing, the defendant Taylor continued driving in the lane for oncoming traffic, ran a red light, and struck a vehicle that was stopped at that light, injuring the vehicle’s occupants (see id. at 272).
The defendant McPherson drove at excessive speed in the wrong direction on the Southern State Parkway for approximately five miles (see id. at 273, 279). During that time— more than four minutes—he did not appear to apply his brakes and several oncoming cars swerved to avoid him (see id. at 279). He also passed numerous signs that should have alerted him that he was traveling in the wrong direction (see id.). In addition, he did not slow down or pull over in response to a truck driver sounding his air horn (see id.).
In contrast, in People v Maldonado (
The Court of Appeals majority in Maldonado stated that the “[defendant’s reckless driving does not, on its own, establish the requisite mens rea of depraved indifference” (id. at 55). “If careless and unsafe driving were enough to meet this requirement, then we would have affirmed the defendant’s conviction of depraved indifference murder in People v Prindle (
To similar effect is People v Valencia (
Here, despite the pronouncement of Chief Judge Lippman in Heidgen, that “intoxicated driving cases that present circumstances evincing a depraved indifference to human life are likely to be few and far between” (People v Heidgen,
Notably, the defendant was convicted of four counts of aggravated vehicular homicide. Aggravated vehicular homicide is a class B felony and carries a penalty of up to 25 years imprisonment (see
The case at bar illustrates what Judge Smith warned of in his dissent in Heidgen: “Cases in which intoxicated drivers kill innocent people are among the most inflammatory, and thus among the most likely to generate depraved indifference murder convictions where a conviction of a lesser (but still serious) crime is all that is warranted” {id. at 281 [Smith, J., dissenting]). The defendant deserves to be held culpablе for Whethers’ death. However, the defendant’s conduct behind the wheel, though reckless, selfish, and stupid, was not “so wanton, so deficient in a moral sense of concern, so devoid of regard of the life or lives of others, and so blameworthy as to render the [defendant] as culpable as one whose conscious objective is to kill” (People v Suarez,
Accordingly, I would modify the judgment by, inter alia, vacating the conviction of murder in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment. Since I would vacate the murder conviction, I would not dismiss, as an inclusory concurrent count, the conviction of manslaughter in the second degree. I agree with my colleagues in the majority in all other respects.