Criminal: POWELL V. COMMONWEALTH (SCOKY; 4/20/2006)

POWELL V. COMMONWEALTH
CRIMINAL – Sufficiency of Evidence
2003-SC-000266-DG.pdf
PUBLISHED
AFFIRMING (COOPER)
JOHNSTONE DISSENTING WITH ROACH JOINING DISSENT
DATE:  4/20/2006

Upon discretionary review, SC affirmed Defendant’s conviction for reckless homicide. SC concluded that the evidence was sufficient for a reasonable jury to believe beyond a reasonable doubt that the methamphetamine that Powell injected into Bennett’s vein caused her death.

The Commonwealth presented sufficient evidence that (1) the intravenous injection of methamphetamine administered by Powell caused Bennett’s death; (2) there was a substantial and unjustifiable risk that Bennett would die as a result of the injection; and (3) the risk of Bennett’s death was of such nature and degree that Powell’s failure to perceive it constituted a gross deviation from the standard of care that a reasonable person would observe in the situation, i .e. , that Bennett’s death was foreseeable as a reasonable probability.