1st-degree reckless homicide — sufficiency of the evidence

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Wisconsin Court of Appeals

Criminal

1st-degree reckless homicide — sufficiency of the evidence

Where a driver went through an intersection at over 80 mph, the evidence was sufficient to convict her of 1st-degree reckless homicide.

“We agree with Geske that her case is similar in many respects to Wagner, in particular, as well as Balistreri. It is not, however, the same. Geske was driving over eighty miles per hour on a major, well-traveled city street after consuming alcohol and prescription pills. She never braked or slowed down before running the red light, even though her view to the right—where the victims’ car came from—was obscured by a large sign. These factors demonstrate an utter disregard for human life, regardless of whether Geske attempted a last-moment swerve. A legally intoxicated person driving over eighty miles per hour through the city could not reasonably expect to avoid any collision by swerving at the last moment. Given the totality of the situation here, Geske’s ineffectual swerve failed to demonstrate a regard for human life.”

Affirmed.

Recommended for publication in the official reports.

2010AP2808-CR State v. Geske

Dist. III, Brown County, Bischel, J., Hoover, J.

Attorneys: For Appellant: Olsen, Jefren E., Madison; For Respondent: Zakowski, John P., Green Bay; Whelan, Maura F.J., Madison