People v. Hall
999 P.2d 207 · Supreme Court of Colorado · 2000
Facts
Nathan Hall, a ski lift operator, was skiing down Vail mountain after his shift. He was skiing very fast, out of control, with his ski tips in the air and arms out for balance. He flew off a knoll, saw people below him, but was unable to stop or gain control due to moguls. Hall then collided with Allen Cobb, who was traversing the slope below him. The collision caused major head and brain injuries to Cobb, leading to his death. Witnesses described Hall skiing straight down the fall line, being controlled by the terrain rather than controlling his skis, and traveling at an excessive speed. Cobb's injuries were severe, including a skull fracture, consistent with a high-force impact. After hitting Cobb, Hall also struck another skier's skis and poles, breaking a pole, and came to rest approximately eighty-three feet past Cobb's body.
Procedural history
The People charged Hall with felony reckless manslaughter. At a preliminary hearing, the county court found no probable cause, concluding Hall’s conduct did not meet the required level of dangerousness, and dismissed the charges. The district court affirmed this decision, ruling that for conduct to be reckless, death must be "at least more likely than not" to result. The People then petitioned this court for certiorari.
Issue
Did the district court err by requiring that a risk of death be "more likely than not" to occur for it to be considered a "substantial and unjustifiable risk" in a reckless manslaughter charge? Did the district court apply the correct criteria and consider all relevant evidence when affirming the dismissal of the manslaughter charge at the preliminary hearing?
Holding
Yes, the district court erred by applying an incorrect legal standard for "substantial and unjustifiable risk." The court reverses the district court’s finding of no probable cause and remands the case for trial, holding that sufficient evidence was presented to establish probable cause for reckless manslaughter.
Rule
A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that a result will occur. For a risk to be "substantial," courts must assess both the likelihood that harm will occur and the magnitude of the harm, noting that a risk can be substantial even if the chance of harm is well below fifty percent. For a risk to be "unjustifiable," courts must weigh the nature and purpose of the actor’s conduct against the risk created, and it must constitute a gross deviation from the standard of care a reasonable person would exercise. "Conscious disregard" means the actor is aware of the risk and chooses to act despite it, which can be inferred from circumstances like the actor’s knowledge, experience, or what a similarly situated reasonable person would have understood.
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