State v. Shelton Refines Sufficiency Analysis in Drugged Driving Case

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The court of appeals decided State v. Shelton, ___ N.C. App. ___ (2019) yesterday, determining that the evidence of the defendant’s impairment was sufficient when he took impairing drugs hours before crashing his vehicle into a pedestrian after his brakes failed. Two aspects of the case are of particular interest: (1) the court’s evaluation of the sufficiency of the evidence in a case where no one opined that the defendant was impaired; and (2) how the State obtained evidence that drugs remained in the defendant’s system in the first place.

Jury question from State v. Shelton

 

The morning of. When he awoke at 6:30 a.m. on July 22, 2015, Brian Shelton took his prescription oxycodone. He then drove his pickup truck from his home in Sneads Ferry to his job in Surf City. At 11 a.m., Shelton took tramadol, another drug that he had been prescribed. Both drugs had been prescribed with labels warning of their potential to cause drowsiness and dizziness and advising that care be taken when operating a vehicle.

The crash. As Shelton was driving home from work at 5:10 p.m., the sports utility vehicle (SUV) in front of him slowed to make a left turn. Shelton applied his brakes, but they failed. Shelton swerved to the right to avoid hitting the SUV and ran off the road. As he did so, he struck and killed Rhonda Anderson who had been standing near a group of mailboxes about three feet from the side of the road. The force of the impact caused Anderson’s body to fly nearly 20 yards through the air before hitting the ground. Shelton’s truck also hit the rear of the turning car, ripping off Shelton’s driver’s side mirror.

Shelton was apparently unaware that his truck had struck Anderson. He did realize, however, that he had been in a crash, and he also knew that he was driving with a revoked license. He left the scene and drove home, using the emergency brakes on his truck to bring it to a stop in his driveway.

The initial charges. A highway patrol trooper tracked Shelton down at his home at 6:45 p.m. Shelton spoke to the officer and wrote a written statement. He also submitted to a portable breath test that registered a 0.00. Later that evening, another trooper interviewed Shelton and informed him that he had struck and killed Anderson. The trooper cited Shelton for several offenses arising out of the accident, including misdemeanor death by vehicle and felony hit and run, but did not charge him with driving while impaired. Another trooper obtained a search warrant for Shelton’s blood, which he executed around 11 p.m. the evening of the crash. (More on that later.)

The blood test. The State Crime Lab analyzed Shelton’s blood and confirmed the presence of oxycodone and tramadol. The laboratory analyst determined that these drugs were present in at least the amount of 25 nanograms per milliliter– the lab’s detection limits – but did not determine the precise amounts of these substances or whether Shelton was impaired by them at the time of the crash.

The indictment. Shelton subsequently was indicted for second degree murder, felony death by vehicle, felony hit and run, driving while license revoked and several additional misdemeanor vehicle offenses.

The trial. An expert pharmacologist called by Shelton testified that he would not expect to see impairment from a person who had 25 nanograms per milliliter of both substances in his bloodstream and that people who frequently take oxycodone and tramadol develop “’a great deal of tolerance’” to the drugs. Slip op. at 8. Shelton moved to dismiss at the close of the State’s evidence and again at the close of all the evidence. The trial court denied the motions.

The verdict. The jury acquitted Shelton of second degree murder, but convicted him of involuntary manslaughter, felony death by vehicle, felony hit and run, driving while license revoked, misdemeanor death by vehicle, and driving with improper brakes. The trial court arrested judgment on the involuntary manslaughter and misdemeanor death by vehicle convictions. The judge sentenced Shelton to 73 to 100 months imprisonment for felony death by vehicle and to a consecutive sentence of 17 to 30 months for the remaining convictions.

The appeal. Shelton appealed, arguing in part that the trial court erred by denying his motion to dismiss the charge of felony death by vehicle.

Felony death by vehicle. A person commits the offense of felony death by vehicle if he drives while impaired and proximately causes the death of another person. Thus, there were two significant issues at Shelton’s trial: First, was he impaired? Second, if so, was that impairment the proximate cause of Anderson’s death?

Impairment. Shelton argued that there was no substantial evidence that he was impaired by oxycodone and/or tramadol at the time of the crash. He pointed out that the officers who met with him after the accident did not charge him with driving while impaired. The appellate court disagreed with Shelton’s assessment of the evidence, concluding that reasonable jurors could find that Shelton was impaired based on evidence that he consumed impairing drugs the day of the crash, evidence that those drugs were detected in Shelton’s blood after the crash and evidence regarding Shelton’s “lack of awareness of the circumstances around him and his conduct before and after the collision.” Slip op. at 12-13. The court noted that Shelton did not see Anderson standing on the side of the road whereas three eyewitnesses to the crash testified that they did see her before she was hit. Shelton also was unaware that he had struck Anderson, despite the force of the impact. And Shelton drove away from the scene in a vehicle that he knew lacked operable brakes.

Proximate cause. For Shelton to be convicted of felony death by vehicle, his impaired driving must have proximately caused Anderson’s death. To be the proximate cause of death, an act must have directly caused a death that was reasonably foreseeable under the circumstances. See State v. Pierce, 216 N.C. App. 377, 383 (2011).

Shelton argued that Anderson’s death was caused by the malfunctioning brakes on his truck and not by his alleged impaired driving. The appellate court reasoned that the two causes were not incompatible and that the faulty brakes did not preclude Shelton’s impaired driving from being a proximate cause. The court explained that the jury could have concluded that a non-impaired driver would have swerved left, as witnesses testified that there was no oncoming traffic, rather than swerving toward the side of the road where Anderson was standing.

Strict liability? Shelton argued that upholding his conviction for felony death by vehicle would create a strict liability standard for people who have consumed prescription drugs and are then involved in a crash caused by their negligent driving. Applied to different facts, some of the language in the court’s opinion supports such a concern. For example, the court states that “[t]he fact that a motorist has consumed impairing substances ‘when considered in connection with faulty driving or other conduct indicating an impairment of physical or mental faculties, is sufficient prima facie to show a violation of [G.S. 20-138.1].’” Slip op. at 12 (quoting State v. Norton, 213 N.C. App. 75, 79 (2011)). But elsewhere in the opinion, the court expresses a more nuanced view, stating that impairment may be shown through evidence that a defendant has “(1) ingested an impairing substance; and (2) operated his vehicle in a manner showing he was so oblivious to a visible risk of harm as to raise an inference that his senses were appreciably impaired.” Slip op. at 17. “[T]he circumstances of every case are different,” the court explained, “and not every accident involving a driver who has ingested prescription drugs will raise an inference that the driver was appreciably impaired.” Slip op. at 18.

What is missing. As I read Shelton, I wondered what the State asserted in the search warrant application for Shelton’s blood, given that the officers do not appear to have gathered evidence during their interactions with Shelton that suggested he was impaired. Shelton did not challenge the issuance of the search warrant on appeal, but the search warrant and the application therefor are contained in the record on appeal. As it turns out, the warrant was issued based on the following one-sentence statement: “[T]he defendant was involved in a motor vehicle collision where a violation of G.S. 20-141.4(a)(2) occurred.” (Record on Appeal at 11).

How could a search warrant issue based on a one-sentence statement that the defendant was involved in a collision where the offense of misdemeanor death by vehicle occurred?

G.S. 20-141.4(a)(2) sets forth the crime of misdemeanor death by vehicle, which is (1) unintentionally causing the death of another person, (2) while violating a State law or local ordinance applying to the operation or use of a vehicle or to the regulation of traffic—other than impaired driving under G.S. 20-138.1—where (3) commission of the offense is the proximate cause of the death.

Despite the fact that the offense by definition does not involve impaired driving, it was defined as an implied consent offense by S.L. 2011-119. That legislative change authorized the implied consent testing of a person charged with misdemeanor death by vehicle. See G.S. 20-139.1(b5).

Thus, relying on the statutes alone and ignoring potential constitutional concerns about a scheme that calls for chemical testing without probable cause to believe that the person has committed an alcohol or drug-related offense, the officers could have asked Shelton to submit to a blood test. Had they done so and Shelton refused, G.S. 20-139.1(b)(5) provides that “a law enforcement officer with probable cause to believe that the offense involved impaired driving or was an alcohol-related offense made subject to the procedures of G.S. 20-16.2 shall seek a warrant to obtain a blood sample.” (emphasis added). There is no statutory authorization (nor could there constitutionally be) for the issuance of a warrant to draw a defendant’s blood based simply on the commission of the offense of misdemeanor death by vehicle.

The warrant appears to me to have been improperly issued, but, again, that issue was not raised before the court.

10 comments on “State v. Shelton Refines Sufficiency Analysis in Drugged Driving Case

  1. This is a very troubling case and ruling. I thought the same thing about the warrant for blood. I wonder if the trooper(s) visited Mr. Shelton’s bathroom while questioning him. While I find Ms. Anderson’s death a tragedy and Mr. Shelton’s conduct reprehensible, I find the piling on of charges distasteful and unnecessary. I am puzzled as to why probable cause was not raised by Mr. Shelton.
    So for poor judgement Mr. Shelton will be a guest of the state for eight years at $225,00. If he lives to be released, he can go on food stamps because he will not be able to get a job and will probably never get his license to drive back. So for the rest of his life the state will have to provide some level of aid. But Justice is served.
    I’m sure the strict liability issue will return to haunt the hallowed halls of justice.

  2. What is this “piling on of charges” nonsense defense attorney’s continually whine about? This is certainly not a “thing” I can assure you. It’s simple, if a defendant’s behavior meets the elements of ANY crime then the defendant SHOULD be charged with those crimes regardless of how many there are. It’s the defendant who is in control of how many laws they break, not the officer. It is law enforcement’s mandate by their oath of office to enforce ALL laws regardless of how much it may inconvenience a defense attorney by causing them to perform their job as intended. And I can further assure you that law enforcement officers couldn’t possibly care any less about how much work a defense attorney’s client has caused them. Defense attorney’s feelings are not even on a law enforcement officer’s radar when they are charging a criminal suspect. Now get back to work!

  3. I wholeheartedly agree with the analysis of the implied consent issue. Unfortunately, in practice, judicial officials would likely read 20-139.1(b5) and believe that they are mandated to issue the warrant. If a challenge to the warrant were to be made, the inquiry would certainly revolve around whether the officers were acting in “good faith” by relying on the statute. I would agree that this scheme violates the 4th Amendment, but it would require a court to navigate the murky “good faith” waters where a statute allows action which has not been explicitly ruled unconstitutional.

  4. Try as I might, I just do not see proximate cause in this case from the impaired driving to the tragic death of Ms. Anderson. There was nothing in the opinion about Mr. Shelton being aware that his brakes were faulty, and nothing in the opinion about Mr. Shelton failing to apply his brakes in a timely fashion. Maybe that evidence was presented, but if it was, the Court of Appeals made no mention of it.

    Failing that, the Court of Appeals came to the conclusion that the jury could have found that Mr. Shelton would have swerved differently after his brakes failed if he had not taken his medication that morning. Really? Based on what evidence? I don’t recall seeing anything in the opinion about there being any testimony to the effect that, had Mr. Shelton not taken his medicine, he would have swerved differently, and frankly, I cannot imagine any such testimony being admissible because it would clearly be nothing more than speculation.

    Most accidents that I have seen — and all that I have personally been involved in — could have been avoided had someone done something differently. The fact that someone zigged when they should have zagged doesn’t mean they were impaired. And even if a person is impaired, that doesn’t necessarily mean that they wouldn’t have zigged anyway.

    Correlation is not causation. It’s a shame the Court of Appeals ignored that simple reality.

  5. What happened to the confirmatory testing that quantifies the positive result?

  6. I believe the legislative change for G.S. 20-139.1(b5) you reference should be S.L. 2011-119 and not S.L 2011-199.
    https://www.ncleg.gov/Sessions/2011/Bills/Senate/PDF/S16v5.pdf

    • Thanks for noting that. I have updated the reference.

  7. Didnt this blog used to be unbiased?

  8. Although essentially irrelevant to the appellate analysis of this case, it is clear that the search warrant lacked probable cause and was thus improperly issued. It appears at the time of the incident in 2015, NC Highway Patrol policy mandated the use of AOC-CR-155 for DWI search warrants. The AOC DWI Blood Search Warrant (AOC-CR-155 ) is a fill in the blank form that essentially forces an articulation of probable cause for impaired driving. It is thus puzzling as to why the Trooper deviated from policy.

    It is clear that the statute, 20-139.1(b5), requires probable cause for impaired driving before the “shall obtain a search warrant” clause applies. Even if the statute, 20-139.1(b5), was interpreted to mean that a warrant could be issued solely based on the commission of a death by vehicle crime, a constitutional challenge would erase that very quickly. The troopers in this case both stated that they did not form an opinion of appreciable impairment based on their interaction with the defendant.

    It is a moot point because the defendant did not preserve this issue for appeal. It does not appear that a plain error or interest of justice exception could be made to challenge the search warrant at this time. The defendant testified in this case and the defense did not dispute the presence of the controlled substances in the defendant’s body. In fact, part of their argument on appeal relied on admitting to the use of lawfully prescribed drugs and driving through their strict liability standard argument.

    Nonetheless, this is a great reminder for law enforcement officers to not make the mistake of believing that fatality investigations give them the automatic right to conduct a chemical analysis. There certainly may be an implied consent argument that could be won in court, but if the defendant refuses and you obtain a search warrant without probable cause, it will be a loser.

  9. What was his prior offense which caused his revocation of license? He had prior DWI offenses?

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