People v. Von Staden

In this case we hold that the "gross negligence" element required for a conviction of gross vehicular manslaughter while intoxicated cannot be shown by the mere fact of driving under the influence or violating the traffic laws. The trier of fact must determine, considering the overall circumstances of the defendant’s intoxication or the manner in which he drove, or both, whether there was gross negligence because the driver failed to exercise any care or was wholly indifferent to the consequences of his conduct and to the welfare of others.

Kurt Dietrich Von Staden appeals from a judgment of conviction for vehicular manslaughter. He challenges the sufficiency of the evidence to support the judgment and claims instructional error. We affirm.

The offense occurred at around 2:30 a.m. on November 19, 1985. The victim, Tracy Allen White, was a passenger in a ¿ar driven by Von Staden. They had both attended a party in Woodacre earlier that night. Von Staden arrived after White, at around 1 a.m. He was already intoxicated, and continued drinking at the party. White consumed both alcohol and cocaine. At around 2 a.m. they left in Von Staden’s automobile, despite their host’s…