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Commonwealth v. Alexander8/26/1999
AS MODIFIED: DECEMBER 16, 1999
TO BE PUBLISHED
REVERSING
William B. Alexander, a Sheriffs Deputy with the Fayette County Police Department, was convicted in the Fayette Circuit Court of reckless homicide for the death of Robert Nesbitt. Nesbitt was killed when Officer Alexander's cruiser collided with Nesbitt's vehicle as Nesbitt was turning left from White Street on to Newtown Pike in Lexington, Kentucky. Officer Alexander was responding to an emergency call and was traveling with emergency lights and siren activated. At the time of the collision, both the dispatcher and the Fayette County Police Department had canceled the emergency call, yet it is disputed whether Officer Alexander heard the radio transmissions of the cancellation.
Among the emergency personnel responding to the scene were members of the Lexington-Fayette Urban County Police Departments Accident Reconstruction Unit (ARU). Members of that team, including Sergeant Paul Simms, retrieved relevant evidence including the video camera and tape from Alexander's cruiser. The ARU issued an initial accident report indicating that (1) Officer Alexander's emergency lights and siren were activated at the time he was traveling on Newtown Pike; and (2) Nesbitt had failed to yield the right-of-way to Alexander by not stopping at the stop sign before turning onto Newtown Pike. Although Nesbitt's blood alcohol level was .043, the pathologist indicated such would not have impaired his vision or reaction time.
After reviewing the videotape from Officer Alexander's cruiser, which had recorded the events leading up the accident, the ARU concluded that Officer Alexander had been traveling between 95 and 100 miles per hour at the time he approached the intersection of Newtown Pike and White Street. Therefore, Officer Alexander caused the collision due to his excessive speed. Subsequently, the Fayette County Grand Jury indicted Officer Alexander for reckless homicide.
At trial, Sergeant Paul Simms testified on direct examination for the Commonwealth concerning the scene of the accident, the methods of investigation, and the general sequence of events leading up to the collision. On cross-examination, defense counsel inquired as to the importance of the designation of the vehicles in the initial accident report as "unit 1" and "unit 2." Sergeant Simms explained that the vehicle usually identified as being at fault is placed in the "unit 1" block. Sergeant Simms further stated that Nesbitt's vehicle was given the "unit 1" designation because the initial evidence at the scene indicated that Nesbitt had caused the collision by failing to yield the right of way to Officer Alexander.
On redirect, the Commonwealth asked Sergeant Simms whether it was still his opinion that Nesbitt was at fault. Over defense objection, Sergeant Simms replied that at the time he prepared the initial report, his investigation was not complete. However, after reviewing the videotape from Officer Alexander's cruiser, he believed that Officer Alexander was at fault due to his excessive speed in an urban area. Another member of the ARU, Officer Eric Bostrum, testified as to the same opinion. A third officer, Sergeant David Leddi, opined that due to Officer Alexander's excessive speed, Nesbitt would not have seen the cruiser before pulling out on to Newtown Pike.
A jury subsequently convicted Officer Alexander of reckless homicide. On appeal, the Court of Appeal reversed and remanded the matter for a new trial. This Court accepted discretionary review, and after reviewing the record and hearing oral arguments, we reverse the Court of Appeals and reinstate the judgment of the Fayette Circuit Court.
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