Crawford v. Dist. of Columbia
Crawford v. Dist. of Columbia
Opinion of the Court
Blackburne-Rigsby, Chief Judge:
Appellant Crawford James Jr.
I.
On October 15, 2013, around 10:25 p.m., appellant was attempting to move his car out of a parallel parking space near the 1700 block of Bay Street, Southeast, Washington, D.C. At this same time, Metropolitan Police Department (MPD) Officers Naples and Barriteau were on the same block responding to a family disturbance call when they heard a "loud crash." Officer Naples turned around and observed a burgundy Ford Explorer "up against the vehicle in front of it" and stated that it looked like the Ford Explorer had "collided" with this vehicle. He observed the driver of the Ford Explorer, later identified as appellant, put the vehicle in reverse, move out of the parking space, and start driving away at about ten miles per hour.
The officers chased after the Ford Explorer, which stopped halfway down the block. Officer Naples instructed appellant to exit the vehicle. As appellant exited the vehicle, Officer Naples noticed that appellant's balance was unsteady and his eyes seemed heavy and bloodshot. The officers advised appellant that they believed he had struck a vehicle, and Officer Naples testified that appellant "had no idea what we were talking about[,]" and that "[h]e didn't know that he had collided with a vehicle." Officer Naples also testified that he noticed an alcoholic beverage odor coming from appellant's person, and thus, proceeded to conduct the standard field sobriety tests. Appellant failed the field sobriety tests and was placed under arrest.
At trial, the owner of the Volvo, Robert Southern, testified that he noticed, sometime during the week of October 15, 2013, that someone had hit his car as he observed "a white streak along the back left side rear bumper that had not been there before." Appellant testified that he did not hit the Volvo. The trial court found appellant guilty of LAC-PD.
II.
In evaluating the sufficiency of the evidence, "we view the evidence in the light most favorable to the government, giving full play to the right of the [fact-finder] to determine credibility, weigh the evidence, and draw justifiable inferences of fact, and making no distinction between direct and circumstantial evidence."
Medley v. United States
,
Appellant contends that there was insufficient evidence of the requisite
mens
rea
to find him guilty of leaving after colliding with property damage. The statute requires that the person operating the vehicle must "know[ ] or ha[ve] reason to believe" that their vehicle was in an accident.
[T]his happens to me, quite frankly, and maybe, perhaps when [appellant] was pulling out he didn't realize he had hit the car because the damage to the bumper is so slight that what it looks like is, while it's being described as a crash, I mean, it's not the crash in, it can't be a crash in the stereotypical way that we think of a crash .... Here, the bumper is fully intact, it just has scratch marks on it, which is consistent with sort of someone pulling out of a parking space and, and sliding by the car in front of it and so that, so you're both, so you're rubbing by the car in front of you, which is technically a collision but, you know, that sort of problem, that probably happens every day in this city given the parking constraints that we are faced with.
Nevertheless, the trial court found appellant guilty of LAC-PD because it believed that lack of knowledge was not a sufficient defense to this crime.
This, however, was an erroneous statement of the law-not being aware of the collision constitutes a proper defense if the operator of the vehicle did not know or have reason to believe that he or she had collided with another vehicle. From the trial court's statements, it is evident that the trial court had some doubt as to whether appellant had actual knowledge of the crash, especially in light of appellant's testimony that he did not hit the car. The trial court, however, made no factual findings as to whether appellant should have known that he had been in an accident, another means to satisfy the
mens rea
element required under
Accordingly, we vacate appellant's conviction and remand the case to the Superior Court for further proceedings in accordance with our opinion.
So ordered.
The case caption and record erroneously invert appellant's first and last names. At trial, appellant stated his name as "Crawford James Junior."
Appellant was found not guilty of one count of driving under the influence of alcohol in violation of
The trial court stated:
And the notion that you weren't aware of the fact that you hit the car is not necessarily a defense that I'm aware of under the law, that I've been told about. So I find the defendant guilty of leaving after colliding and there's not even been an allegation made that he didn't know he hit the car. The allegation made was that he didn't hit the car, period.
Dissenting Opinion
I respectfully dissent from my colleagues' remand to flesh out an already fleshy post-trial, pre-verdict monologue. Despite no request for a special verdict, the trial judge, none-the-less, delivered a prolonged and rambling monologue in which she discredited the officers' testimony about hearing and seeing a crash. She also went into her personal experiences driving and parking in this city. She then dwelt on Crawford's testimony and concluded that "perhaps" and "maybe" he did not have knowledge or cause to know that he collided with the other parked car. She described the testimony of the owner of that car as a minor "scratch" on his bumper. She then concluded that Crawford was "technically" guilty. Of course, there is no such verdict; there is either guilty beyond a reasonable doubt, or not guilty. See Super. Ct. Crim. R. 23(c).
As Aristotle so opined, "what has happened cannot be made not to have happened. Hence Agathon is right in saying 'This only is denied even to God, the power to make what has been done undone.' " 19 ARISTOTLE, NICOMACHEAN ETHICS , Book VI, § 2 (H. Rackham trans., Harvard University Press 1934). However, this is precisely what my colleagues seek to do in remanding this case, instead of ruling on the record present before us. This is an error because, in modern jargon, once an expression of innocence is conveyed by the trial judge, that expression is "in the cloud," i.e. it cannot be taken back or unsaid. The trial judge was permitted to render a general verdict, as she was not asked to render a special verdict. A general verdict implicates The Prevailing Party Rule where on appeal we read the record in the light most favorable to that party.
Cherry v. District of Columbia
,
Standards of proof operate to "instruct the factfinder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions" for a particular type of case and are "more than [ ] empty semantic exercise[s]."
Addington v. Texas
,
Reference
- Full Case Name
- James CRAWFORD, Appellant, v. DISTRICT OF COLUMBIA, Appellee.
- Status
- Published