ILNews

COA: Just running red light not reckless

Back to TopCommentsE-mailPrintBookmark and Share

Ruling on the issue for the first time, the Indiana Court of Appeals held that not stopping at an intersection cannot, without more evidence, constitute criminally reckless conduct and establish a prima facie case.

Sampson Boadi was charged with Class C felony reckless homicide, criminal recklessness resulting in serious bodily injury as a Class D felony, and criminal recklessness with a motor vehicle as a Class A felony after he ran a red light while driving his tractor trailer, and another motorist was killed while making a turn in the intersection. The trial court granted Boadi's motion for a directed verdict on the basis that the evidence showed he only ran a red light and the facts proven don't constitute a major element of recklessness in each of the crimes.

Although the issue in the case is now moot because of the acquittal, the appellate court addressed the issue in State of Indiana v. Sampson Boadi, No. 64A05-0807-CR-420, in hopes of providing guidance for future cases. The judges had to determine as a matter of law whether Boadi's failure to stop in time at the intersection was evidence of recklessness sufficient to withstand a motion for directed verdict.

The Court of Appeals couldn't find a criminal case addressing this issue but did find guidance in a civil action under the Automobile Guest Act, Becker v. Strater, 117 Ind. App. 504, 72 N.E.2d 580, 581 (1947). In Becker, a driver failed to stop at a stop sign and hit another car. The driver slowed down as he approached the intersection but had been looking at cattle on the side of the road and didn't see the other car. The Becker court ruled his conduct could be negligence, but not willful or wanton misconduct.

"This Court has previously found that a rule announced in actions under the Automobile Guest Act should apply in criminal cases as well because of the similarity in definition between 'recklessness' in the criminal context and 'wanton or willful misconduct' in the civil context," wrote Judge Nancy Vaidik. The appellate court concluded pursuant to Becker, failing to stop at an intersection cannot, without more, constitute criminally reckless conduct.

There's no evidence of additional circumstances sufficient to satisfy the recklessness element of the charges against Boadi. He didn't accelerate toward the light; he drove toward it at below the posted speed limit; he wasn't driving erratically or under the influence of drugs or alcohol; and he wasn't fatigued or violating trucking regulations, the judge wrote.

"In sum, the evidence as a whole viewed in the light most favorable to the State shows that Boadi did not stop but instead proceeded through the intersection as the light turned green for the opposing traffic," she wrote. "Although this conduct might be evidence of inadvertence or an error in judgment, that is, negligence, such an error does not constitute criminal recklessness."

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

ADVERTISEMENT