Vehicular Manslaughter Legal Guidance

DATE OF INCIDENT TIME */*/* * NCIC NUMBER * OFFICER ID Page 1536E * * NUMBER F18-*-* * STATEMENTS: (CONTINUED) * center line and was able to avoid the crash. He stopped his vehicle, called *, observed several * other vehicles stopping to help and continued on. He stated the white SUV hadn't done anything * unusual while he was following behind it. The white SUV had maintained a steady speed and had * no problem maintaining its' position in the lane prior to the crash. * * Logan Murray * He was driving the silver Dodge pickup eastbound on SR-* which the truck and trailer was * attempting to pass when the crash occurred. He had seen the driver of the truck and trailer at * tractor supply in Rancho Murieta. There were three vehicles behind his vehicle before the truck * and trailer. The truck and trailer had passed two vehicles at some point and he observed the truck * and trailer attempting to pass the Chevy Tahoe which was directly behind him. The truck and * trailer stayed in the westbound lane after passing the Chevy Tahoe and was attempting to pass * his * vehicle as well. He was traveling at approximately * MPH as the truck and trailer was attempting * to pass him. He saw the white SUV traveling westbound in the westbound lane. The truck and * trailer drove onto the shoulder to attempt to avoid the white SUV. The white SUV also went to the * shoulder to avoid the truck and trailer. * * Alyssa Murray * She was in the passenger seat of the silver Dodge pickup. She saw the truck and trailer pass * approximately three vehicles which were behind their vehicle. As the truck and trailer attempted * to pass them, they slowed from their speed which was approximately * MPH. * * Marissa Nielsen * She was driving the Chevy Tahoe directly behind the silver Dodge pickup. The truck and trailer * were tailgating her vehicle, so she began to move to the shoulder and slow from her speed of * * MPH. The truck and trailer moved into the westbound lane as it passed her vehicle. The

STATEMENTS: (CONTINUED) * and trailer stayed ni the westbound lane after ti passed her vehicle and attempted to pass the * silver Dodge pickup. She stated there was enough room for the truck and trailer to re-enter the * eastbound lane after it passed her vehicle. * * James Minoli * He was driving the Honda Civic which was traveling behind the Chevy Tahoe. He was passed by * the truck and trailer while stil ni Sacramento County ni the * MPH area. He was traveling behind * the truck and trailer when he observed it attempting to pass the Chevy Tahoe. He watched as the * Chevy Tahoe slowed and moved to the shoulder. The truck and trailer stayed in the westbound * lane and attempted to pass the silver Dodge pickup at a speed he estimated at approximately * * MPH. He saw the white SUV approaching westbound and watched as the truck and trailer drove * onto the shoulder at the same time the white SUV drove onto the shoulder as well. * * NARRATIVE * * P-* (Keaton) was driving the vehicle combination V-1AB (V-1A (Ram) and V-1B (PJ)) eastbound * on SR-* west of Long Gate Road at approximately * miles per hour. P-* (Longley) was driving * V-* (Toyota) westbound on SR-* west of Long Gate Road at an unknown speed. V-1AB * encountered slower traffic traveling eastbound within the lane and moved across the broken * painted yelow line into the westbound lane attempting to pass the slower traffic. V-1AB * successfully passed one of the two vehicles which he had encountered. P-* remained ni the * westbound lane and attempted to pass the second vehicle he had encountered. As V-1AB * continued eastbound and became parallel ot the last vehicle ni the pass attempt, P-* suddenly * observed V-* approaching westbound. P-* turned V-* to the left onto the north shoulder and * braked V-* ni an attempt to avoid a crash. P-* suddenly observed V-* directly ni the lane ni front PREPARED BY I.D. NUMBER DATE REVIEWER'S NAME DATE T. Platz / OFFICER * */*/* * STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL Page |S5 OF S7 DATE OF INCIDENT TIME NIC NUMBER OFFICER I.D. NUMBER */*/* * * * F18-*-* * NARRATIVE (CONTINUED) * of V-* and turned V-* to the right ni an attempt to avoid the crash as wel. The front of V-* * impacted the left front of V-*. The impact caused V-* and V-* to become entangled * and dragged V-* backwards, up an embankment. The entanglement caused V-* to overturn onto * its passenger side and rotate ni a counterclockwise direction. V-* came ot rest on its' wheels, up * the embankment on the north shoulder of SR-*. V-1A came ot rest on its' passenger side on the * north shoulder of SR-*. V-1B remained attached to V-1A and came to rest on its' wheels on the * north shoulder of SR-*. * * The cause of the crash was established utilizing physical evidence on scene, vehicle points of * rest, data from V-A's event data recorder, witness statements and P-I's statement. * * P-* caused this crash by driving ni violation of California Vehicle Code section * which states * ni part- On a two-lane highway, no vehicle shall be driven to the left side of the center of the * roadway ni overtaking and passing another vehicle proceeding ni the same direction unless the * left side is clearly visible and free of oncoming traffic for a sufficient distance ahead to permit such * overtaking and passing to be completely made without interfering with the safe operation of any * vehicle approaching from the opposite direction. * * * * * * * * * * Several associated factors contributed to this crash amounting to reckless driving and gross negligence on the part of P-*. • P-* was ni violation of California Vehicle Code *(A) which states ni part- No person may drive any of the folowing vehicles on a highway at a speed ni excess of * miles per hour: (a) Amotortruck or truck tractor having three or more axles or any motortruck or truck tractor drawing any other vehicle. PREPARED BY TD. NUMBER DATE T. Platz / OFFICER * */*/* REVIEWERS' NAME DATE * * * * * * * * * * * * * * * * * * * * * * * * * * P-* was driving V-1AB at a speed of * MPH seconds before the crash occurred, * MPH over the speed limit for specified combinations of vehicles. V-* was configured as and met the California Vehicle Code definition of a truck tractor and was drawing a trailer coupled by a 5th wheel connection. STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL DATE OF INCIDENT TIME */*/* * * NARRATIVE (CONTINUED) * NCIC NUMBER * Page IS6 OFS7 OFFICER I.D. NUMBER * F183-*-* • P-* was ni violation of California Vehicle Code * which states ni part- Upon al highways, a vehicle shall be driven upon the right half of the roadway, except as follows: (a) When overtaking and passing another vehicle proceeding in the same direction under the rules governing that movement. P-* violated the rules governing the overtaking and passing of another vehicle in violation of * (the cause of the crash) and ni doing so violated the provisions of * by driving of the roadway onto the shoulder. • P-* was in violation of California Vehicle Code *(a) which states in part- Aperson who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. P-* drove his vehicle ni a manner which was reckless, based upon multiple vehicle code violations, witness statements and eventually causing a crash causing the death of P-*. • P-* was ni violation of the restrictions of his driver license by the coupling of V-1B ot V-1A via a 5ht wheel connection, a violation of California Vehicle Code * which states ni part- No person shall operate a vehicle ni violation of the provisions of a restricted license issued to him. PREPARED BY T. Platz /OFFICER ID. NUMBER DATE * */*/* REVIEWERS' NAME DATE * STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL DATE OF INCIDENT TIME * * / * * / * * * * * * * * * NARRATIVE (CONTINUED) * NCI NUMBER * * * * OFCIERD1Page157OFS7 NUMBER * F18-*-* * • P-* si ni violation of his probation which was ni effect through *-*-*, due ot the * multiple violations which occurred and caused this crash. * * EVIDENCE: * * Download of * Ram * event data recorder. * Airbag from driver side of * Ram *. * * ANALYSIS AND OPINIONS: * * *(c)* *. Gross vehicular manslaughter. * * P-*'s driving history combined with multiple violations and reckless driving behavior demonstrated * willful and wanton gross negligence and caused the death of another person. A reasonable * person would believe attempting to pass vehicles proceeding at their legal speed limit (* MPH) at * a speed of * MPH (* MPH over the legal speed for the combination of vehicles) driving a truck * and trailer combination (V-1AB) could likely result in the injury or death of a person. * * RECOMMENDATIONS: * * I recommend a copy of this report be forwarded to the Amador County District Attorney's Office for * review and prosecution of P-* for a violation of California Penal Code section 192c(*), which * states ni part; "(c) Vehicular- * (*) Except as provided ni subdivision (a) of Section *.*, driving a vehicle ni the commission of * an unlawful act, not amounting ot a felony, and with gross negligence; or driving a vehicle ni the * commission of a lawful act which might produce death, ni an unlawful manner, and with gross * negligence. PREPARED BY T. Platz / OFFICER I.D. NUMBER * DATE REVIEWERS' NAME DATE */*/* *

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