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Edwards v. Commonwealth6/24/2005
AFFIRMING
BEFORE: GUIDUGLI, McANULTY, AND MINTON, JUDGES.
Samuel Edwards was convicted by an Adair Circuit Court jury of two counts of first-degree assault. He was also convicted of second-degree wanton endangerment, leaving the scene of an accident, and operating a motor vehicle with a blood alcohol concentration of .08 or above or while under the influence of alcohol or other substance which impairs driving ability. He was sentenced to a total of fifteen years' imprisonment and a $500.00 fine.
On appeal from that judgment, Edwards asserts that the trial court made the following errors: failing to grant directed verdicts on one count of first-degree assault and on the wanton endangerment charge; admitting the results of his blood alcohol test despite the Commonwealth's failure to establish the chain of custody and the forensic scientist's inadequate training; failing to strike for cause a juror who had come upon the scene shortly after the crime occurred; and deviating from the jury's recommendation of concurrent sentencing. Because we find each of these claims to be either unpreserved or without merit, we affirm.
On March 16, 2003, while driving a purple Nissan pickup truck, Edwards struck a motorcycle carrying Wesley Hutchinson and Leslie Smith. Witnesses said Hutchinson and Smith were knocked off the motorcycle with great force. Officer Justin Claywell, who was standing in a nearby parking lot, heard, but did not see, the collision. He then saw Smith and Hutchinson lying in the road and the purple truck attempting to turn around. He recognized the occupants of the truck as Edwards and Edwards's identical twin brother, Patrick. Claywell, who was in uniform, shouted and gestured for the driver to stop. Instead of stopping, Edwards drove off rapidly through a parking lot.
Edwards was apprehended minutes later by Officer Mark Harris, who heard the radio call to be on the lookout for the distinctive vehicle. Harris noticed that the driver of the truck, Edwards, smelled of alcohol. When Harris had Edwards step out of the vehicle, he observed that Edwards's balance was very poor and that he was staggering noticeably. He did not have Edwards perform any field sobriety tests because he did not think Edwards would be able to perform them safely; Edwards's balance was so impaired that he appeared to be on the verge of falling down. Harris arrested Edwards for driving under the influence . Sergeant Bobby Sullivan arrived in time to assist Harris with the arrest. Sgt. Sullivan testified that he had made hundreds of DUI stops and that he, too, believed that Edwards was under the influence of alcohol because of his demeanor and lack of coordination.
Edwards consented to a blood alcohol test. Harris transported Edwards to Westlake Hospital in Columbia. Harris then watched a female employee of the hospital draw Harris's blood and fill the vials of a blood alcohol test kit. Harris prepared the kit to be mailed to the Kentucky State Police (KSP) forensic lab in Frankfort and actually mailed it himself.
The kit containing the blood sample was received, with tamper-evident tape intact, at the KSP forensic lab by Jennifer Kendall, a forensic scientist specialist. Kendall tested the blood sample and determined that Edwards had a blood alcohol level of 0.14. Additional facts will be supplied as needed.
DIRECTED VERDICT ON WANTON ENDANGERMENT CHARGE
Edwards asserts that he was entitled to a directed verdict on the wanton endangerment charge because there was insufficient evidence to support this charge. He preserved this issue at trial by twice moving for a directed verdict on this charge.
On
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