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United States Court of Appeals for the Fourth Circuit - 739 F.2d 945
tl;dr:
Fleming drives drunkenly and recklessly, crashing and killing a woman. Court finds guilty of murder because driving was more reckless than manslaughter.Video Summary
Case Summary
In United States v. Fleming (1984), a man faced a second-degree murder conviction for killing a woman while driving intoxicated. He drove at excessive speeds, swerving through traffic and ultimately collided with the woman's car, causing her death. His blood alcohol level was .315 percent. He appealed, arguing his actions didn't show malice required for second-degree murder and he should face manslaughter charges instead.
The appellate court upheld the conviction, concluding that reckless behavior and a gross deviation from reasonable care can establish malice. The man's actions met this standard and demonstrated disregard for human life.
This case is significant because it demonstrates how second-degree murder can apply to unintentional vehicular homicides. Second-degree murder involves the unlawful killing with malice aforethought but without premeditation. Malice can be express (intent to kill or seriously harm) or implied (intent to perform a highly risky act or show extreme disregard for life).
Courts consider the totality of circumstances to determine malice. The case also highlights the distinction between second-degree murder and manslaughter.
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David Earl Fleming was convicted of second-degree murder for causing the death of Margaret Jacobsen Haley in a collision while driving at a high speed. Fleming was observed driving his car at high speeds between 70 and 100 miles per hour on the George Washington Memorial Parkway in northern Virginia, where the speed limit is 45 miles per hour. He lost control of his car on a sharp curve and hit the car driven by Mrs. Haley, who died from multiple severe injuries. Fleming's blood alcohol level was tested at .315 percent after he was transported to a hospital for treatment. The court concluded that such an act can indeed be considered murder, as the evidence presented was sufficient to support the jury's finding that the defendant acted with malice aforethought. The defendant's argument that a statute defining and prohibiting involuntary manslaughter should preclude a murder verdict in this case was not accepted by the court.
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