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STATE v. ORTIZ1/5/1993
The defendant appeals from the judgment of conviction, rendered after a jury trial, of two counts of the crime of misconduct with a motor vehicle in violation of General Statutes 53a-57. On appeal, the defendant claims that the trial court improperly (1) denied his motion for judgment of acquittal and (2) instructed the jury on the issue of causation. We affirm the judgment of the trial court.
The following evidence was adduced at the defendant's trial. On May 26, 1990, at approximately 3:30 p.m., the defendant was operating his 1983 Ford Escort in a southerly direction on Prospect Street in New Haven, traveling uphill toward the intersection of Prospect and Trumbull Streets. At the same time, a motorcycle operated by Charles Wicker and bearing his six year old son, Germaine, approached the intersection from the opposite direction. As the defendant was turning left onto Trumbull Street, the motorcycle struck
the passenger side of the defendant's vehicle. Both Charles and Germaine Wicker died as a result of the collision.
The intersection of Prospect and Trumbull Streets presents an obstructed view. The degree of obstruction depends on how close one is to the top of the incline leading to the intersection and how high off the ground one is. Vision is obstructed as to objects on the opposite incline until one is near the top of the incline.
The speed limit on Prospect Street at the time of the accident was twenty-five miles per hour. Eyewitnesses agreed that the motorcycle was traveling far in excess of the legal limit. Gilberto Muniz, a rear seat passenger in the defendant's vehicle, testified that when he saw the motorcycle approaching, it was traveling at seventy-five or eighty miles per hour. Richard Ingber, a medical student who was south of the intersection immediately before the accident, estimated that the motorcycle was traveling at fifty miles per hour. Michael Schoen, who also was south of the intersection immediately before the accident, estimated the speed of the motorcycle at fifty to sixty miles per hour. A defense accident reconstruction expert estimated that the speed of the motorcycle at the time of impact was between fifty-three and seventy-four miles per hour.
At the time of the accident, Charles Wicker did not have a special motorcycle endorsement on his driver's license, which is required to operate a motorcycle. In addition, his driver's license had been suspended one week before due to his failure to appear in court on a motor vehicle violation. Furthermore, according to certain eyewitnesses, the child was seated on the gas tank of the motorcycle in front of the driver. Placing a child
on a motorcycle in front of the operator is both illegal and dangerous because it can interfere with the ability of the operator to control the motorcycle.
At the scene of the accident, the defendant stated that he did not see the motorcycle coming. Muniz testified that the defendant was not speeding or weaving while operating the car. He further stated that the defendant slowed to make the left turn under a green light, and that Muniz first saw the motorcycle when it was four to six feet away from the car. Ingber testified that at about one second before the motorcycle arrived at the midpoint of the intersection, the defendant's car began to make the left hand turn. Schoen observed the car enter the intersection at normal speed while the light was green and start making the turn. As the light changed from green to yellow, Schoen observed the motorcycle hit the car.
Several witnesses testified to their observations of the defendant's behavior at the scene of the accident. Larry Ghirardi, a New Have
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