Henry v. State

Where the defendant is charged with first degree vehicular homicide based on felony hit-and-run, the plain language of O.C.G.A. § 40-6-393 a requires the state to prove a causal connection between the felony hit-and-run and the victim's death.

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After a bench trial, the Superior Court of Gwinnett County convicted Michael Henry of vehicular homicide in the first degree, OCGA § 40-6-393 a predicated on a violation of OCGA § 40-6-270 b; and two counts of felony hit-and-run, OCGA § 40-6-270 b. Henry appeals, contending that the evidence was insufficient to convict him of vehicular homicide in the first degree predicated on a violation of OCGA § 40-6-270 b. For the following reasons, we agree and reverse his conviction of vehicular homicide and remand to the trial court for sentencing on the lesser included offense of felony hit-and-run. The record shows the following relevant facts. Shortly after midnight on June 19, 2003, Henry was driving on Cruse Road in Gwinnett County when he struck two fourteen-year-old boys, J. B. and C. S., who were walking in the grass along the road. Although Henry and his passenger had just left a bar where they had been for a few hours, there was no evidence that Henry consumed alcohol that evening or was intoxicated at the time of the accident. Henry’s passenger felt an impact and saw one boy’s head hit the hood of the pickup truck. He screamed at Henry, “You just killed somebody. Stop Henry.” Instead of stopping, Henry accelerated and sped home, ignoring stop signs and traffic signals.

J. B. died of head trauma he sustained when Henry’s truck hit him. Emergency responders found him dead at the scene, lying partially on the pavement. Henry’s passenger testified that the boy was “dead . . . on impact. There was never a doubt in my mind.” There was no other evidence regarding whether or how long J. B. survived the initial impact. C. S. was found lying nearby in the grass. He suffered a broken leg and required multiple surgeries.

Henry v. State

Where the defendant is charged with first degree vehicular homicide based on felony hit-and-run, the plain language of O.C.G.A. § 40-6-393 a requires the state to prove a causal connection between the felony hit-and-run and the victim's death.

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