State v. Hefflinger1/28/2003
Opinion Vote: AFFIRMED.
Simon, P.J., and Gaertner, Sr., J., concur.
Opinion:
Defendant appeals from a judgment entered on a jury verdict finding him guilty of involuntary manslaughter in the first degree, in violation of Section 565.024.1(1) RSMo (2000), and assault in the second degree, in violation of Section 565.060.1(3) RSMo (2000), which convictions arose out of an automobile collision caused by defendant while driving his vehicle the wrong way on an interstate highway, killing a woman and injuring her husband. The trial court sentenced defendant to serve a term of seven years imprisonment and fined him $5,000 on the manslaughter conviction and sentenced him to serve a consecutive five-year term of imprisonment and fined him $5,000 on the assault conviction. On appeal, defendant contends that the trial court erred in excluding evidence of his intoxication during the commission of the crime and erred, or plainly erred, in instructing on assault in the second degree. We affirm.
The sufficiency of the evidence is not in dispute. On the afternoon of March 23, 2001, defendant, Donald Hefflinger, drove from the exit ramp of Route 32 into the northbound lanes of Interstate 55, a divided highway, turned left, headed across the traffic lanes to the median, backed up, and proceeded southbound against the oncoming traffic. A driver in the southbound lanes of Interstate 55, who observed defendant take this action, attempted to keep pace with defendant and signal defendant with his lights and horn that he was driving in the wrong direction and also tried to warn oncoming drivers. Defendant passed him at 65 to 70 miles per hour.
A northbound driver on Interstate 55 saw defendant's vehicle coming toward him at approximately 65 to 75 miles per hour. Defendant made no attempt to brake or avoid colliding with the driver's vehicle, and the driver had to change lanes to avoid a collision. At the time, defendant was looking straight ahead and did not appear to be asleep. A second northbound driver in the right lane on Interstate 55 saw vehicles swerving off the road on both sides. He then saw defendant driving towards him. Defendant moved into that driver's lane of traffic, causing that driver to swerve onto the shoulder to avoid colliding with defendant. That driver then heard a crash. Defendant's vehicle had collided with a vehicle driven by Joyce Preslar who was driving northbound on Interstate 55, accompanied by her husband, Jerry Preslar. Mrs. Preslar was killed and Mr. Preslar suffered an injury to his foot and torn muscles in his side. He missed two and a half to three months of work as a result of the torn muscles, which still hurt at the time of trial, nine months later.
Defendant was charged by information with murder in the second degree and armed criminal action with respect to Mrs. Preslar's death, assault in the first degree and armed criminal action with respect to Mr. Preslar's injuries, and two other offenses with respect to the second northbound driver. At trial, the jury was instructed on murder in the second degree, in violation of Section 565.021 RSMo (2000), involuntary manslaughter in the first degree, in violation of Section 565.024.1(1) RSMo (2000), involuntary manslaughter in the second degree, in violation of Section 565.024.3 RSMo (2000), and armed criminal action, in violation of Section 571.015 RSMo (2000), in Mrs. Preslar's death. The jury was further instructed on assault in the first degree, in violation of Section 565.050 RSMo (2000), assault in the second degree, in violation of Section 565.060.1(3) RSMo (2000), assault in the third degree, in violation of Section 565.070 RSMo (2000), and armed criminal action, in viola
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