 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Robertson v. Commonwealth5/19/2000
TO BE PUBLISHED
C o m m o n w e a l t h O f K e n t u c k y C o u r t O f A p p e a l s
OPINION AFFIRMING
This is an Opinion Affirming the trial court's denial of a motion for directed verdict and jury verdict of second-degree manslaughter against Appellant Shawnta Robertson.
Robertson was pulled over during a traffic stop at 2:00 a.m. on January 4, 1998. The record shows that Robertson was suspected of drunk driving at the time he was signaled to pull over. The police officer instituting the stop stated that he had suspicion of DUI and possession of an illegal substance. While in police detention, but prior to being arrested or handcuffed, Robertson ran from the police officers who had pulled him over. He fled onto a bridge crossing the Ohio river. Robertson soon gave up his attempt to flee and was arrested and handcuffed by the police officer.
While Robertson was fleeing, the arresting officer radioed for assistance. Police officers from another department coming from the Cincinnati side of the bridge got out of their vehicle and joined in the chase. At an undisclosed time during or shortly after the chase of Robertson, a Covington Police Officer, (Officer Partin), disappeared. It was eventually assumed that he had stepped into a gap in the Ohio River bridge, fell through to the river below and drowned. Apparently, Officer Partin misjudged the width of an opening in the pavement over which he was crossing while joining in the chase of Robertson. Police officers who testified at trial stated that foot pursuits were not uncommon in that location. The officers stated that they were aware of the gap in the bridge between the pavement and the sidewalk. Both Robertson and the arresting officer stepped from the pavement to the sidewalk without difficulty during the chase. The witnesses testified that it was necessary for anyone to step over this narrow gap in order to move from the pavement to the sidewalk. No witnesses saw or heard Officer Partin fall from the bridge. One officer saw him vault over the barrier between the pavement and the sidewalk "like he'd done it a million times", but did not see him either fall or make it onto the sidewalk.
Immediately after his arrest, Robertson was given a Miranda warning. He stated that he did not know that Officer Partin had joined in the chase, and did not learn that he had fallen from the bridge until after he was arrested. Robertson was later charged with three misdemeanors, driving under the influence (first offense), disregarding a traffic control device, and possession of marijuana. Robertson was indicted in March, 1998, and charged with second-degree manslaughter, pursuant to KRS 507.040, in the death of Officer Partin.
Five months later the badly deteriorated body of Officer Partin was found in the Ohio River. Following an autopsy, it was concluded that Officer Partin had drowned. No evidence was available as to the cause of the fall. Additionally, no evidence was found showing whether Officer Partin was ill so as to cause the fall, whether he was conscious when he fell, or conscious when he hit the water. The Commonwealth accused Robertson of wanton or reckless conduct causing the death of the officer. Robertson was sentenced to six years on the charge of second-degree manslaughter.
At trial, both Robertson and the arresting officer testified that they did not know that the Covington Police Officer was attempting to assist in the chase, or that Partin had fallen off the bridge. Robertson testified that he did not know Partin had fallen until some time after he was arrested and placed into the police officer's vehicle. The law holds that "a person's state of mind
Page 1 2 3 4 Kentucky DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|