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State v. Stafford7/23/2004
OPINION.
Judgment Appealed From Is: Affirmed in Part, Sentence Vacated, and Cause Remanded
. Defendant-appellant Darrin Stafford appeals his conviction for aggravated vehicular homicide and three counts of vehicular assault. We affirm the trial court's decisions regarding the pretrial motions and the findings of guilt.
. But we must vacate the sentence and remand for resentencing because the trial court improperly impinged on Stafford's right to a jury trial. The right to a jury trial is a fundament of American law. We will not permit a trial court to threaten a defendant with a harsher sentence if he exercises a fundamental right.
I. A Tragic Accident
. In November 2001, Stafford and Frederick Shipman, a co-worker and friend, decided to attend a Cincinnati Bengals football game. They lived in Evansville, Indiana, which is a several hours' drive from Cincinnati. The two got into Shipman's Kia Sportage and Shipman started driving to Cincinnati the morning of the game.
. Stafford is a paraplegic who cannot voluntarily move his legs. He was licensed to drive, but only if the vehicle was equipped with special adaptations such as hand controls for the accelerator and brake. But Stafford's driver's license had been suspended under Indiana law earlier that year because he had failed to appear in court for a traffic violation.
. On the road near Louisville, Shipman was having trouble driving because he had been drinking heavily the night before. So Stafford and Shipman switched places and Stafford continued to drive to Cincinnati. He drove along Interstate 71 and Interstate 75, over the Brent Spence Bridge, and exited at Second Street.
. As the Kia approached an intersection on Second Street, the vehicle went through a red light. Unfortunately, there were many pedestrians crossing the street who were also headed to the Bengals game. The Kia struck Scott Asbrock, Stewart Williams, Kyle Fields, and Officer Jon Harris. Asbrock died as a result of his injuries. Williams was knocked unconscious, but was revived and taken to the hospital. He suffered multiple skull fractures and brain trauma, and was in a coma for several months before finally regaining consciousness. Williams has had to undergo extensive rehabilitation. Fields suffered a broken leg, along with various cuts and bruises. The Kia clipped Officer Harris, who was assisting pedestrians across the street, and injured his wrist. Other pedestrians may have sustained minor injuries, but none of those injuries led to criminal charges.
. Officer Harris ran after the Kia, which came to a stop after a block or two. Officer Harris, with his gun drawn, opened the driver-side door to see Stafford in the driver's seat, bent over with his hands on the brake. Stafford screamed, "Please don't shoot me. I'm handicapped." And Shipman added, "I told his ass to stop."
. Officer Gregory Toyeas, who arrived at the scene within 30 to 45 minutes after the accident, took and recorded Stafford's statement about the accident. On the tape, Stafford stated that he had begun driving the Kia around Louisville and that he was the one driving when the accident occurred.
. Officer Melissa Cummins was dispatched to the scene with a police scout car, which is a large vehicle similar to a Ford Explorer. Sometime after Officer Toyeas had questioned Stafford, Officer Cummins helped Stafford into the back of her vehicle. She then asked him what had happened. At a pretrial hearing, Officer Cummins testified that she had not read Stafford his Miranda rights. But at trial, she testified that she had since remembered that she had, in fact, read Staff
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