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. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.