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State v. Martinosky5/28/1999
APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable John Larson, Judge presiding.
Submitted on Briefs: March 18, 1999
. Ambrose Paul Martinosky (Martinosky) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on a jury verdict finding him guilty of driving under the influence of alcohol (DUI) and criminal endangerment. We affirm.
. Martinosky raises the following issues:
. "1. Did the District Court abuse its discretion in admitting Martinosky's confession as evidence of the offense of DUI?"
. "2. Did the District Court err in refusing Martinosky's proposed jury instruction on negligent endangerment as a lesser included offense of criminal endangerment?"
BACKGROUND
. At approximately 10:30 p.m. on August 22, 1997, Rosie Rogers (Rogers), Martinosky's common-law wife, went to Buck's Club, a bar in Missoula, Montana. Upon entering the bar, Rogers saw Martinosky dancing with another woman and Rogers and Martinosky argued. Both began dancing with other people in the bar to make each other jealous and their argument continued periodically over the next several hours. Martinosky eventually went outside and the bar's bouncer informed him he would not be allowed back inside. At the same time, a bar employee called the police at Rogers' request. Martinosky then got into his white Chevrolet pickup truck, backed the truck into the driver's side of Rogers' parked vehicle, and drove away.
. Missoula Police Department (MPD) Officer Geron Wade (Wade) was dispatched to the reported disturbance at Buck's Club. As Wade approached the bar in his patrol car, he heard tires squealing on pavement and a crunching sound, then saw a white truck pull away from a red car and drive quickly away from the bar. Believing that the truck was leaving the scene of an accident, Wade followed it down the street. Wade activated the patrol car's top lights when he saw the truck run a stop sign and continued to follow the vehicle. The truck did not stop and Wade turned on the patrol car's siren. The truck's speed increased and a high-speed chase through a residential area of Missoula ensued. Wade testified he was driving at speeds of up to 65 miles per hour but was unable to catch up to the truck. He further testified that he observed the truck run two stop signs and one traffic light before he lost sight of it.
. Wade continued to patrol the area after losing sight of the truck, eventually investigating an area where he had seen a cloud of dust. He discovered that the white truck had crashed through the garage and into the living room of a home on Mount Street. The truck's engine was still running, but there was no one inside. Law enforcement officers searched the area, but did not locate the driver. The following afternoon, Martinosky turned himself in to the MPD and made an audio-taped statement during which he confessed to the events of the previous evening. He also admitted he had been drinking that night and believed his drinking had impaired his ability to drive.
. The State of Montana subsequently charged Martinosky by information with four offenses: Count I, failure to stop at the scene of an accident involving damage to a vehicle; Count II, DUI; Count III, criminal endangerment; and Count IV, failure to stop at the scene of an accident involving injury to a person. He pled guilty to Counts I and IV and a jury trial was held on the DUI and criminal endangerment charges. The jury found Martinosky guilty of both offenses and the District Court sentenced him and entered judgment. Martinosky appeals.
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