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Michael v. State

The State's expert witnesses' testimonies, combined with eyewitness testimony and the defendant's statements during her police interview, entitled the jury to find that the defendant caused the deadly automobile collision by veering out of her lane of travel and crashing into another car, setting into motion the chain of events that killed five people.

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In this case involving an automobile collision in which five people were killed and one person was seriously injured, a Fulton County jury found Aimee Michael guilty of five counts of homicide by vehicle in the first degree, one count of serious injury by vehicle, six counts of hit and run, one count of reckless driving, one count of failure to maintain lane, and one count of tampering with evidence. Michael filed a motion for new trial, which the trial court denied. On appeal, Michael challenges the sufficiency of the evidence. She also contends that the trial court erred in excluding a computer animation video created by her accident reconstruction expert and expert testimony about the precision immobilization technique PIT maneuver used by police officers to strike a suspect’s car. For the reasons discussed below, we affirm.

Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. Sidner v. State, 304 Ga. App. 373, 374 696 SE2d 398 2010. So viewed, the evidence showed that Michael was the 22-year-old driver of a gold BMW involved in the deadly automobile collision on Camp Creek Parkway in Fulton County on Easter Sunday, April 12, 2009. A Mercedes and Volkswagen also were involved in the collision and were at the scene when emergency personnel and law enforcement officers arrived. However, Michael fled the scene after the collision and was not apprehended by the police until several days later, after she had the damage to her BMW repaired.

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