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COA: State could charge man for leaving scene of fatal accident

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The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.

Kevin Barton argued that because Steven Brinkley had already been convicted of Class C felony failure to return to the scene of an accident resulting in death, Barton couldn’t be prosecuted for the same crime. Brinkley initially hit Jamie Beaty, who was walking in the road, and didn’t stop. Moments later, Barton’s truck hit and dragged Beaty’s body.  Barton initially stopped, then got in his truck and called 911, providing only that someone had been hit by a car. Another bystander stopped and called 911, after which Barton ran from the scene back to his truck. He was later arrested.

The trial court denied his motion to dismiss the failure to return charge. At trial, Barton first brought up that he saw a white car hit Beaty. He claimed he had swerved to miss her in the road and pulled over to help, but evidence on his truck showed he struck the woman.

Indiana Code Section 9-26-1-1 requires a driver involved in an accident resulting in injury or death to stop, remain at the scene, and provide his or her name, address, and vehicle registration information. The appellate judges found that Barton’s arguments regarding his prosecution are misguided because the statute doesn’t require the charged driver cause the death or injury that occurred.

“The duties of Indiana Code section 9-26-1-1 apply to a driver of a vehicle involved in an accident, regardless of whether the driver’s vehicle struck anyone or anything,” wrote Judge James Kirsch in Kevin Barton v. State of Indiana, No. 18A04-0910-CR-609. “Thus, contrary to Barton’s assertion, the statute does not require a causal relationship with the death, only involvement in the accident.”

Barton also argued that the prosecutor’s four statements during closing arguments regarding Barton’s claim that he saw a white car hit Beaty were Doyle violations. Even though he brought his objection to the statements to the court’s attention, Barton didn’t request admonishment or a mistrial, so he waived his claim of error, wrote the judge.

The appellate court also affirmed the denial of a proposed jury instruction on the defense of mistake of fact. The trial court properly determined the substance of Barton’s proposed jury instruction was adequately covered by other instructions.

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  1. @ President Snow, like they really read these comments or have the GUTS to show what is the right thing to do. They are just worrying about planning the next retirement party, the others JUST DO NOT CARE about what is right. Its the Good Ol'Boys - they do not care about the rights of the mother or child, they just care about their next vote, which, from what I gather, the mother left the state of Indiana because of the domestic violence that was going on through out the marriage, the father had three restraining orders on him from three different women, but yet, the COA judges sent a strong message, go ahead men put your women in place, do what you have to do, you have our backs... I just wish the REAL truth could be told about this situation... Please pray for this child and mother that God will some how make things right and send a miracle from above.

  2. I hear you.... Us Christians are the minority. The LGBTs groups have more rights than the Christians..... How come when we express our faith openly in public we are prosecuted? This justice system do not want to seem "bias" but yet forgets who have voted them into office.

  3. Perhaps the lady chief justice, or lady appellate court chief judge, or one of the many female federal court judges in Ind could lead this discussion of gender disparity? THINK WITH ME .... any real examples of race or gender bias reported on this ezine? But think about ADA cases ... hmmmm ... could it be that the ISC actually needs to tighten its ADA function instead? Let's ask me or Attorney Straw. And how about religion? Remember it, it used to be right up there with race, and actually more protected than gender. Used to be. Patrick J Buchanan observes: " After World War II, our judicial dictatorship began a purge of public manifestations of the “Christian nation” Harry Truman said we were. In 2009, Barack Obama retorted, “We do not consider ourselves to be a Christian nation.” Secularism had been enthroned as our established religion, with only the most feeble of protests." http://www.wnd.com/2017/02/is-secession-a-solution-to-cultural-war/#q3yVdhxDVMMxiCmy.99 I could link to any of my supreme court filings here, but have done that more than enough. My case is an exclamation mark on what PJB writes. BUT not in ISC, where the progressives obsess on race and gender .... despite a lack of predicate acts in the past decade. Interested in reading more on this subject? Search for "Florida" on this ezine.

  4. Great questions to six jurists. The legislature should open a probe to investigate possible government corruption. Cj rush has shown courage as has justice Steven David. Who stands with them?

  5. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

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