Potts v. State

O.C.G.A. § 40-6-394 imposes no duty on the victim to prevent or mitigate injures caused by a reckless or intoxicated driver.

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Following a jury trial, Ricky Potts was convicted of homicide by vehicle,1 serious injury by vehicle,2 hit and run,3 and reckless driving.4 He now appeals, contending that the trial court erred by 1 failing to grant him a continuance to locate a witness, 2 improperly instructing the jury as to the presumption of innocence, 3 failing to exclude biased jurors, 4 admitting improper character testimony, and 5 refusing to admit evidence that the victim was not wearing a seatbelt. Discerning no reversible error, we affirm. Construed in favor of the verdict,5 the evidence shows that after Potts left work at a restaurant, he picked up Melanie Johnson and Kelvin Barnes in his car at approximately 11:30 p.m. Potts already had a cup full of liquor in the car with him, and he drove with Johnson and Barnes to a liquor store, where Potts bought more liquor. Potts then drove his friends to his house, where the three consumed liquor and smoked marijuana. At approximately 4:00 a.m., insisting that he needed to take Johnson and Barnes home so he could work the next day, Potts drove them through heavy rain towards Johnson’s residence. Despite Barnes’s protests, Potts drove through more than one red light without stopping. As Potts began a subsequent right turn without stopping at a red light failing to heed a “no turn on red” sign, a MARTA officer responding to a larceny-in-progress call rapidly approached from the cross street. The officer swerved to avoid Potts, hydroplaned, and crashed violently into a concrete pillar. Potts refused to stop at the scene, and the officer, who was later taken to the hospital, died from his injuries 17 days later.

Potts was arrested and tried by a jury on an eight-count indictment stemming from the event. Following his conviction on four counts and his unsuccessful motion for new trial, Potts filed this appeal.

Potts v. State

O.C.G.A. § 40-6-394 imposes no duty on the victim to prevent or mitigate injures caused by a reckless or intoxicated driver.

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