Commonwealth v. McCloskey
835 A.2d 801 (2003)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
An adult who knowingly furnishes alcohol to minors by allowing its possession and consumption on their property acts with sufficient recklessness and is a direct and substantial cause of a resulting death to be convicted of involuntary manslaughter.
Facts:
- Judith Claire McCloskey's 17-year-old daughter, Kristen, hosted a party in the basement of McCloskey's home.
- McCloskey assisted in preparing ice and blankets for two kegs of beer that were brought to the party for the underage guests.
- Over 40 guests, all under 21, paid an entrance fee for a cup to drink from the kegs, and McCloskey was present in the house and interacted with some of the drinking teens.
- Witnesses testified that underage drinking was a regular occurrence at McCloskey's home and that she was aware of it.
- Christopher Mowad, 19, became visibly intoxicated after drinking heavily at the party.
- After police arrived at the home, Mowad fled in his vehicle, picked up three other teens who had been at the party, and drove away.
- While speeding to elude another driver he had sideswiped, Mowad lost control of his vehicle and crashed; his blood alcohol content was .20%.
- Mowad and two of his passengers, Kimberly Byrne and Bryan Kiefer, were killed in the crash.
Procedural Posture:
- The Commonwealth of Pennsylvania charged Judith Claire McCloskey with three counts of involuntary manslaughter in the state trial court.
- Following a trial, a jury convicted McCloskey on all three counts.
- The trial court sentenced McCloskey to an aggregate prison term of one to four and one-half years.
- McCloskey (appellant) appealed her judgment of sentence to the Superior Court of Pennsylvania, an intermediate appellate court.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does an adult who knowingly permits underage drinking on her property act with the requisite recklessness and establish the necessary causation to be convicted of involuntary manslaughter when a teen becomes intoxicated at the party and dies in a subsequent car crash?
Opinions:
Majority - Beck, J.
Yes. An adult's conduct in knowingly allowing minors to possess and consume alcohol on her property is reckless and can be deemed a direct and substantial cause of a subsequent fatal accident, sufficient to support a conviction for involuntary manslaughter. The court reasoned that McCloskey's knowledge of and acquiescence to the underage drinking constituted recklessness, as it was a 'gross deviation from the standard of conduct that a reasonable person would observe.' There was ample evidence that she knew about the beer, as she helped prepare for the kegs and interacted with drinking teens. Regarding causation, the court held that her unlawful act of 'furnishing' alcohol by allowing its possession on her property 'started the chain of causation' that led to the deaths. The court concluded that a fatal car accident is not a 'remote' or 'attenuated' consequence of an unsupervised teenage beer party, and it is not unjust to hold her criminally responsible, even though the driver's own actions were also contributing factors.
Analysis:
This decision solidifies criminal social host liability in Pennsylvania, affirming that adults can be convicted of involuntary manslaughter for knowingly permitting underage drinking that results in death. The case is significant for its broad interpretation of 'causation,' holding that facilitating the initial unlawful act (underage drinking) is enough to establish a direct link to the ultimate harm, even with intervening acts by the intoxicated minor. This precedent lowers the barrier for prosecutors to charge adults who host or allow teen drinking parties, shifting the legal focus from just the final actor (the drunk driver) to those who created the dangerous environment. It serves as a stark warning about the potential criminal consequences of condoning underage alcohol consumption.
Unlock the full brief for Commonwealth v. McCloskey