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Bullock v. State

Where an automobile accident resulted in the death of one of the drivers, conviction of manslaughter reversed because court erred in failing to give a reckless causation instruction and in giving an ":unavoidable accident" instruction that was unsupported by the facts of the case.

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Submitted: November 28, 2000

Upon appeal from the Superior Court. REVERSED and REMANDED.

On October 22, 1998, a jury convicted Lester B. Bullock of manslaughter arising from a collision between Jennifer Alleger’s car and Bullock’s truck at the intersection of Rt. 40 and Pleasant Valley Road. The State charged Bullock with manslaughter for recklessly causing the death of Alleger “by driving at an excessive speed while impaired by alcohol which resulted in a collision with another car.” *fn1 At trial, at the conclusion of the State’s case, Bullock moved for a judgment of acquittal and argued that the State’s evidence showed that Alleger’s disregard of a red light as he entered the intersection on a yellow light primarily caused the collision that resulted in her death. The Superior Court denied the motion. The jury, following the Court’s instructions, convicted Bullock of manslaughter and the Court sentenced him to five years at Level V, suspended after one year for declining levels of probation. Bullock filed a timely notice of appeal.

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