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Davis v. Commonwealth4/30/1991
lane was not flying low to avoid detection but rather in an effort to safely navigate through the heavy fog, Davis was driving recklessly to avoid detection and thus the accident was "a consequence or action which was directly intended to further the felony." King, 6 Va. App. at 358, 368 S.E.2d at 708. Based on these facts, we do not have to determine whether there exists a causal connection between the homicide and the felony or a mere nexus. Admittedly, driving recklessly is
not necessitated by the felonious act of driving after having been declared an habitual offender. Here, however, the act of driving recklessly was directly calculated to further the felonious act of driving after having been declared an habitual offender. This conclusion is evidenced by Davis' admission that the reason he was driving in such a manner was to elude the police and avoid being caught performing the felonious act. Based on the holdings in Heacock and Haskell, we find the homicide caused by Davis' reckless driving was within the res gestae of his felony and emanated from it. The homicide was committed in the perpetration of Davis' felony and therefore is subject to the felony-murder doctrine.
For the foregoing reasons, we affirm Davis' felony-murder conviction.
Affirmed.
Disposition
Affirmed.
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