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Robertson v. Commonwealth5/19/2000
a reasonable and prudent person following a traffic stop. By taking such action, Robertson assumed the risk that his wanton or reckless conduct could cause injury to those pursuing him. For this reason, the jury's verdict must be affirmed.
This Court notes that Robertson was not under arrest at the time he ran from the police officer. The uncontroverted evidence is that he ran as the police officer was beginning to search and handcuff him. To support a conviction for second- degree manslaughter, the prosecution must show that the foreseeable consequence of a criminal act was the death of a person. Jones v. Commonwealth, Ky., 830 S.W.2d 877, 878 (1992). The elements of the crime charged include both certain specified criminal conduct and necessary consequences. Id. Running from a police officer while being questioned is wrongful, as Robertson was in police detention at the time he attempted to flee. Robertson was not acting in a reasonable or prudent fashion when he fled from the investigating officer. Thus evidence existed under which Robertson could be found guilty of second degree manslaughter.
Robertson claims that the trial court erred in failing to grant his motion for directed verdict. A motion for directed verdict was made based upon the record and Robertson claimed that the prosecution's case and the testimony at trial did not support a finding of wanton or reckless conduct on his part. The evidence at trial showed that Robertson fled police detention, exposing officers pursuing him to a risk of injury or death. For this reason, Robertson was not entitled to have his motion for directed verdict granted by the trial court.
Under Kentucky law, a directed verdict should only be entered where it would be unreasonable for the jury to find the defendant guilty of the charged offense. Yarnell v. Commonwealth, Ky., 833 S.W.2d 834, 836 (1992). On a motion for directed verdict the trial court must draw all fair and reasonable inferences in favor of the Commonwealth. Questions of credibility and weight of evidence are jury matters. Estep v. Commonwealth, Ky., 957 S.W.2d 191, 193 (1997). The defendant should be granted a directed verdict only where the prosecution has produced nothing but a "mere scintilla" of evidence of guilt. Commonwealth v. Benham, Ky., 8l6 S.W.2d 186, 187 (1991). The Commonwealth presented more than a scintilla of evidence supporting a finding of guilt in the present case. For this reason, Robertson is not entitled to reversal of the denial of the motion for directed verdict.
COMBS, JUDGE, CONCURS.
MCANULTY, JUDGE, DISSENTS.
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