Article Review
PLST 230
Kimberly Tasker
In this article, it discusses how a man is being accused of driving a SUV into a group of law
enforcement recruits. It further explains that he has been charged in connection to the crash, the
crash left one dead and others injured. The main charge (2) in this case being sought is vehicular
manslaughter with gross negligence with a second charge (9) for reckless driving. In California
penal code: “Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the
commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving
a vehicle in the commission of a lawful act which might produce death, in an unlawful manner,
and with gross negligence.” California Penal Code § 192 (2023). “A person who drives a vehicle
upon a highway in willful or wanton disregard for the safety of persons or property is guilty of
reckless driving.” California Vehicle Code § 23103 (2023). It is my opinion that even if Nicholas
did in fact fall asleep on his way to work, he is still responsible for this. He chooses to get behind
the wheel knowing he is tired. One could argue that there were premeditated thoughts as he knew
he was tired and still chose to drive while technically impaired. We all think we never will fall
asleep at the wheel or that it will never happen to us. Sometimes fate has a way of “slapping” us
in the face with a dose of reality and showing us that it can happen to us, and we should be
cautious in everything we do. The Model Penal Code recognizes four different states of mind for
mens rea: "purposeful, knowing, reckless, and negligent." Daniel E. Hall Criminal Law and
Procedure 72 (7th ed. 2015). Actus reus is the physical act of the crime. However, a person is not
guilty of a crime "unless his liability is based on conduct that includes a voluntary act." Id. at 76.
Nicholas is guilty of at least one count (out of the two) of vehicular manslaughter with gross
negligence as well as the nine counts of reckless driving in accordance with the California laws.
https://www.cnn.com/2023/11/11/us/los-angeles-county-sheriff-recruit-death-charges/index.html
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