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Johnson v. Commonwealth1/26/2001
entiment and disposition of the actor are parts of the res gestae, which embraces not only the actual facts of the transaction and the circumstances surrounding it, but also matters immediately antecedent to and having a direct causal connection with it, as well as acts immediately following it and so closely connected with it as to form in reality part of the occurrence.
In the case sub judice, evidence of Johnson's significant level intoxication was important evidence properly used to prove the wantonness of his conduct at the time he caused his vehicle to collide with Wilson's vehicle. KRS 501.020(3) provides in part:
A person acts wantonly with respect to a result or to a circumstance described by a statute defining an offense when he is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation.
Clearly, evidence of Johnson's degree of intoxication was related to the jury's determination of whether he was aware of and consciously disregarded a substantial and unjustifiable risk that Wilson would suffer serious physical injuries as a result of his operation of his motor vehicle.
Accordingly, the judgment of the Warren Circuit Court is affirmed.
ALL CONCUR.
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