State v. Doub
95 P.3d 116 (2004)
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Rule of Law:
A conviction for second-degree 'depraved heart' murder can be sustained in a vehicular homicide case if the defendant's actions, viewed in their totality, demonstrate a level of recklessness that manifests an extreme indifference to the value of human life. This state of mind can be inferred from aggravating factors such as severe intoxication, excessive speed, ignoring warnings from prior non-fatal collisions, and fleeing the fatal scene without rendering aid.
Facts:
- John P. Doub, III, attended a party for his softball team where he drank six beers.
- After the party, Doub drove his pickup truck and struck two parked vehicles, then fled the scene.
- Following this incident, Doub had a confrontation with his ex-wife, consumed more alcohol, and smoked crack cocaine.
- Approximately two hours after the first incident, Doub drove his pickup at a speed described as "tremendously faster" into the rear of a Cadillac.
- The collision propelled the Cadillac into a tree, causing blunt traumatic injuries to a 9-year-old passenger, Jamika Smith.
- Doub offered no aid to the victims of the second collision and again fled the scene.
- About 15 hours after the collision, Jamika Smith died from her injuries.
- Six months later, Doub admitted to a former girlfriend that he had been drinking and using crack cocaine before causing the fatal collision.
Procedural Posture:
- The State of Kansas charged John P. Doub, III, in a state trial court with second-degree depraved heart murder, involuntary manslaughter while DUI, and leaving the scene of an injury accident.
- A jury found Doub guilty on all three counts.
- The trial court subsequently dismissed the conviction for involuntary manslaughter.
- Doub (appellant) appealed his conviction for second-degree murder to the Kansas Court of Appeals, arguing the evidence was insufficient to support the verdict.
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Issue:
Does evidence of a defendant's intoxication, excessive speed, a prior non-fatal collision on the same night, and flight from the scene of a fatal accident suffice to prove the level of recklessness required for second-degree 'depraved heart' murder under Kansas law?
Opinions:
Majority - Greene, J.
Yes, such evidence is sufficient to prove the level of recklessness required for second-degree 'depraved heart' murder. The statute requires an unintentional killing committed 'recklessly under circumstances manifesting extreme indifference to the value of human life,' which describes a culpability greater than ordinary recklessness required for manslaughter. Although a case of first impression in Kansas for vehicular homicide, the court adopted a multi-factor analysis from other jurisdictions to assess the defendant's state of mind. Doub's conduct—including intoxication from both alcohol and crack cocaine, the 'warning' provided by his first collision with parked cars which he ignored, his excessive speed in the fatal collision, and his repeated flight from the scenes without rendering aid—collectively demonstrates a conscious disregard for risk that can be assimilated to a purposeful or knowing killing. These aggravating factors are far more egregious than simple inattention and provide a rational basis for a factfinder to conclude beyond a reasonable doubt that Doub acted with extreme indifference to human life.
Analysis:
This case is significant as it establishes for the first time in Kansas that second-degree 'depraved heart' murder can be committed with a vehicle. By adopting a multi-factor test from other jurisdictions, the court provides a clear framework for prosecutors and future courts to distinguish between vehicular manslaughter and the more serious offense of murder. This precedent raises the potential criminal liability for defendants in fatal DUI cases, particularly when multiple aggravating factors demonstrate a conscious disregard for the extreme risk created by their conduct.
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