West v. Commonwealth

597 S.E.2d 274 · Court of Appeals of Virginia · 2004

Facts

Tasharanda Gainey observed a burgundy car speeding past her on Interstate 64 at night, estimated at 90-100 mph in a 65 mph zone. Moments later, she saw headlights tumbling into the median, revealing a tan pickup truck involved in an accident. The driver of the pickup truck, Burlia Gene Jenkins, Jr., died from his injuries. The burgundy car, an Oldsmobile, was found extensively damaged under an overpass, and its driver, James Darrell West, was injured, smelled strongly of alcohol, and was disoriented. An empty beer can and bottle were later found in West's car, and his blood alcohol level was determined to be approximately .115 at the time of the accident. West admitted to drinking a 22-ounce beer shortly before driving, in addition to two earlier beers. Accident reconstruction showed West's Oldsmobile struck the rear of the pickup truck with such force that it flipped into the median, despite the truck's taillights being on.

Issue

Did the trial court violate the appellant's Fifth Amendment right against double jeopardy by convicting him of both aggravated involuntary manslaughter and involuntary manslaughter? Was the evidence insufficient to convict the appellant of aggravated involuntary manslaughter, involuntary manslaughter, and driving under the influence?

Holding

The court affirmed the appellant's convictions. It found that the double jeopardy argument was not preserved for appeal, and the evidence was sufficient to support all three convictions.

Rule

To preserve an issue for appeal, an objection must be stated together with its grounds at the time of the ruling, including issues involving constitutional principles (Rule 5A:18). The "ends of justice" exception to this rule is rarely applied and requires proof of an error that was clear, substantial, and material, or an affirmative showing of a miscarriage of justice. When reviewing the sufficiency of evidence, the appellate court views the evidence in the light most favorable to the Commonwealth, granting all reasonable inferences. Criminal negligence for aggravated involuntary manslaughter requires conduct so gross, wanton, and culpable as to show a reckless disregard for human life, representing a great departure from a reasonable person's conduct, creating a great risk of injury, and where the accused should have realized the risk.

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