Presentation on theme: "The First 30 Seconds The Prosecutor’s Perspective"— Presentation transcript:
1The First 30 Seconds The Prosecutor’s Perspective John C. BauerAsst. Prosecuting AttorneySt. Charles Co., Missouri
2ObjectivesTo understand the Statutes as they apply to impaired driving cases.To understand the prosecutor's role in the initial investigation.To be aware of essential evidence to establish elements of the offenses.To utilize the legal tools available for obtaining that evidence
3INVOLUNTARY MANSLAUGHTER-RSMo. SECTION 565.024 Involuntary manslaughter can be either a Class B or a Class C Felony in Missouri.A driver commits the crime of involuntary manslaughter, if he or she, while in an intoxicated condition, operates a motor vehicle in the State of Missouri, and, when so operating, acts with criminal negligence to cause the death of any person.
4Class B Felony – Involuntary Manslaughter If the defendant kills two people;If the defendant kills someone who is not an occupant of his vehicleIf the defendant’s blood alcohol content is more than .18%.
5MURDER SECOND DEGREE-RSMo. SECTION 565.021 Murder second degree in Missouri is a Class A Felony in Missouri. A person commits the crime of Murder in the Second Degree in Missouri if he or she commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.
6Felonies Involved in Murder 2nd Felony Driving While IntoxicatedFelony Driving While RevokedFelony Leaving the Scene of An AccidentFelony Resisting Arrest
7ASSAULT SECOND DEGREE - RSMo. SECTION 565.060(4) Assault in the Second Degree in Missouri is a Class C Felony. A driver commits the crime of Assault in the Second Degree in Missouri if he or she, while in an intoxicated condition or under the influence of controlled substances or drugs, operates a motor vehicle while in the State of Missouri, and, when so operating, acts with criminal negligence to cause physical injury to any other person than himself.
8Prosecutor’s Role Not to direct investigation Remind investigating agencies and personnel of the elements of the crimeAssist by utilizing tools in his arsenalTo aid in discovering the truth
9Proving the Crime – the Essential Elements OperationImpairmentCriminal Negligence
10OperationThe term "drive", "driving", "operates" or "operating" means physically driving or operating a motor vehicle. – RSMoCase law in Missouri has shown that even in cases where the vehicle is stopped or tunred off, “operation” of the vehicle can be establishedCase law also establishes that “operation” can be proved without seeing the defendant behind the wheel.
11Evidence of Operation• Admissions or statements to police and others, • The location of the defendant at the scene and his proximity to the vehicle, • The presence of other possible drivers, • Who has possession of the keys, • Vehicle ownership, and • What personal property was located in the vehicle.
12Evidence of Operation• pattern injuries caused by items in the vehicle, • the direction of safety belt injuries, • other injuries consistent only with being the driver, • the location of fingerprints consistent with driving, • any blood and hair trace evidence consistent with driving, • seat positions, • brake pedal impressions, and • air bag and fabric forensics.
13Tools of the Trade Evidence pictures – UNDISTURBED scene…. Statements of witnesses – WRITTENSearch Warrants – Seizing parts of the vehicleStatements of defendant to witnesses
14Impaired Conditionbeing under the influence of alcohol, a controlled substance, or drug, or any combination thereof. – RSMoDrugged condition – must be able to show that impairment observed is consistent with impairment that would occur by that drug or drugs – USE D.R.E.’sMust prove impairment at the time of operation.
15Tools of the Trade Evidence at the scene Cans, cups and bottlesReceiptsStatements from passengers - WRITTENStatements from emergency personnel – WRITTEN
16More Tools for Establishing Impairment Driving InvestigationField Sobriety TestingDrug Recognition ExamsSearch Warrants for Blood or UrineRecent Law ChangesEvidence of Refusal of FST’s and TestingGood, Old Fashioned Observations
17Criminal NegligenceCriminal Negligence - The term "criminal negligence" means failure to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. RSMo. Section (6) &
18To prove the crimes of either Involuntary Manslaughter or Assault 2nd Degree Impairment + Negligence = Guilty Criminal negligence cannot be proven by impairment alone. You must have evidence that the impaired driver was at fault to a certain level for the injury or fatality.
19Tools of the Trade Search Warrants Reconstruction CDR UnitsReconstructionWitness Statements – WRITTENStatements from the defendant to emergency personnel