People v. McCoy
- Facts: McCoy drove 55 mph in a 35-mph zone and struck two sisters standing in the middle of the road. After hitting them, he sped off, weaving through traffic and nearly hitting more cars including a grandmother and grandchildren. One sister died from the impact. Convicted of involuntary manslaughter.
- Issue: Whether ∆ who consciously creates a risk of harm is guilty of gross negligence sufficient for involuntary manslaughter.
- Rule: A defendant who consciously creates a risk of harm is guilty of gross negligence sufficient for involuntary manslaughter. Gross negligence is intermediate between intent-to-harm and ordinary should-have-known negligence; it requires (1) knowledge that ordinary care is necessary, (2) ability to exercise it, and (3) failure to do so.
- Analysis: McCoy was driving 20 mph above the limit in heavy traffic, faster than other cars, with the girls plainly standing in the road for several seconds. He made no attempt to swerve or slow. The post-incident reckless driving (weaving, near-misses) confirmed gross negligence.
- Judgment: Conviction affirmed.
Reading: pp. 432–39. Notes:
- Mere violation of a traffic law (speeding) is generally not enough for criminal negligence/IM—must look at totality.
- Could ∆ have been convicted of murder? Yes—depraved heart / extreme recklessness.
- See Manslaughter (involuntary).