Smith v. State

An officer pursuing the defendant, an escaped prisoner, collided with another car at an intersection, killing the vehicle's driver.

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Following a bench trial, Ronald Dale Smith appeals his conviction for first degree homicide by vehicle, contending that the evidence was insufficient to support the conviction and that the homicide by vehicle statute OCGA § 40-6-393 a is unconstitutional. We affirm. 1. Viewed in the light most favorable to the verdict, the evidence reveals that, on March 8, 2005, Smith, an escaped prisoner from Florida, was driving a white Dodge pick-up truck with a North Carolina tag through Carroll County. A BOLO “be on the lookout” had been issued for the white pick-up truck, and Carroll County Sheriff’s Deputy Jamie K. Godbee spotted the vehicle as Smith drove down Highway 27 in Carroll County. Officer Godbee activated his emergency lights and pursued Smith from Carroll County into Haralson County. Smith sped through a red light at the intersection of Highway 27 and Highway 78, with Officer Godbee close behind. A car driven by Rebecca Partain was stopped at the red light at the intersection. Officer Godbee, unable to see Ms. Partain’s vehicle due to his close proximity to Smith’s truck, collided with Ms. Partain’s vehicle, killing Ms. Partain.1

The evidence was sufficient to enable a rational trier of fact to find Smith guilty of first degree homicide by vehicle. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979; OCGA § 40-6-393 a “Any person who, without malice aforethought, causes the death of another person through the violation of subsection a of Code Section 40-6-163 overtaking a school bus, Code Section 40-6-390 reckless driving or 40-6-391 driving under the influence, or subsection a of Code Section 40-6-395 fleeing or attempting to elude an officer commits the offense of homicide by vehicle in the first degree”. See also Ponder v. State , 274 Ga. App. 93 1 616 SE2d 857 2005 evidence sufficient to sustain first degree vehicular homicide conviction where officer who was pursuing defendant was forced to suddenly swerve left during the pursuit, and died when he collided with oncoming car.

Smith v. State

An officer pursuing the defendant, an escaped prisoner, collided with another car at an intersection, killing the vehicle's driver.

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