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Klaub v. State

Conviction for vehicular homicide through the commission of reckless driving reversed since the state failed to prove the manner in which the defendant drove the car that hit and killed the victim.

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Ronald Klaub was convicted by a jury of two counts of vehicular homicide, hit and run, and driving with a suspended license. He appeals his convictions, raising several arguments, including that the trial court erred by 1 failing to grant a directed verdict of acquittal as to the charge of homicide by vehicle through the commission of reckless driving; 2 failing to grant a directed verdict of acquittal as to the charge of homicide by vehicle through the violation of OCGA § 40-6-270, the hit and run statute; and 3 failing to strike a juror for cause. We reverse Klaub’s conviction for vehicular homicide through the commission of reckless driving. We affirm the remainder of the judgment. In light of our holding in this case, we remand this case to the trial court for re-sentencing consistent with this opinion.

Viewed in the light most favorable to the verdict, the evidence presented at trial showed that on the night of December 9, 1998, between 7:00 and 8:00 p.m., Klaub told his wife, Charlene Ward, that he was going out and taking her car, a 1986 Mercury Topaz. When he returned around 11:00 p.m., Klaub informed Ward that he had hit a dog and damaged her car. Ward went to the garage and saw that the headlight had been broken and that the windshield was cracked.

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