West v. Commonwealth
935 S.W.2d 315 · Court of Appeals of Kentucky · 1996
Facts
Lillian West, Russell West's fifty-four-year-old disabled sister, lived with Russell and his wife, Ann West. Lillian, born with Down's Syndrome and a heart ailment, was initially cared for by her mother, Rebekah West. After Rebekah's death in 1983, Russell and Ann accepted responsibility for Lillian's care. Russell later removed Lillian from a day program due to concerns of abuse. Near Thanksgiving 1992, Lillian became bedridden, her condition significantly declined, and she refused to eat. On December 31, 1992, Russell took Lillian to the emergency room, where a physician noted her alarming condition and referred the matter to a social worker. Lillian died on January 17, 1993, from sepsis and confluent bronchial pneumonia, precipitated by numerous severe decubitus ulcers, severe malnutrition, and dried tears and feces on her body, attributed to caretaker neglect.
Procedural history
Russell West was indicted for manslaughter in the second degree, and Ann West was indicted as a complicitor. Their indictments were consolidated for trial, where a jury found Russell guilty of reckless homicide and Ann guilty of complicity to reckless homicide. The Montgomery Circuit Court sentenced each appellant to one year imprisonment. This appeal was taken from those final judgments.
Issue
Can criminal liability for reckless homicide be based upon an omission or failure to act, specifically the failure to provide adequate care and medical assistance, when a legal duty to care for the victim exists?
Holding
Yes, the court affirmed the convictions for reckless homicide and complicity to reckless homicide, finding that a legal duty to care for Lillian West was well-grounded in the law and that the evidence was sufficient to support the jury's finding of recklessness and complicity.
Rule
Criminal liability can arise from the omission to perform a legal duty, not solely from a voluntary act, where such omission results in death. A legal duty to care for another can be imposed by statute (e.g., KRS 209.020(6) defining "caretaker"), by a status relationship, by contract, or by voluntarily assuming care and secluding the helpless person. Reckless homicide occurs when a person, with recklessness, causes the death of another, meaning they fail to perceive a substantial and unjustifiable risk that the result will occur, constituting a gross deviation from a reasonable standard of care.
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