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Pitts v. State

The jury was entitled to believe that the defendant's actions in eluding an officer at a high rate of speed with a baby in his truck played a substantial part in bringing about the child's death.

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James William Pitts, Jr. appeals his conviction and sentence on two counts of vehicular homicide, three counts of reckless driving, and one count each of driving under the influence, attempting to elude an officer, speeding, driving with a suspended license, and driving with an expired license tag. He contends the evidence was not sufficient to support the verdict.

Construing the evidence in favor of the verdict shows that Georgia State Patrol Officer Warren clocked Pitts with a radar gun driving 76 mph, which exceeded the posted speed limit, through an intersection on Georgia Highway 120 in Paulding County. Warren pursued Pitts and activated his blue lights and wig-wag headlights in an effort to initiate a traffic stop. When he did, the video camera in his patrol car also turned on, and the entire sequence was recorded and later played for the jury at trial.

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