State v. Beard

Citations

• 2024 Ohio 161

Syllabus

Aggravated vehicular homicide R.C. 2903.06(a)(2) recklessness R.C. 2901.22(c) jury instructions abuse of discretion sufficiency of evidence manifest weight of the evidence. Defendant drove dump truck from work site toward highway with a raised bed and hit overhead support and sign. Sign and its support then hit pick-up truck travelling on highway, killing the driver. Defendant was convicted of aggravated vehicular homicide in violation of R.C. 2903.06(A)(2) for driving recklessly and causing the death of another. Trial court instructed jury in conformity with Ohio Jury Instructions, CR Section 417.17 (2023) and R.C. 2901.22 and declined to give further instruction on negligence and recklessness as requested by defendant. Because the instructions given were a correct statement of the law and were not incomplete, the trial court did not abuse its discretion. Evidence at trial was sufficient to sustain conviction and not against the manifest weight where the state presented evidence that defendant was aware of the risk of driving the dump truck with the bed raised, the dump truck and its warning lights regarding the raised bed were fully functional, and defendant was running late, did not use a spotter, and had headphones on when he was driving towards the highway.