Schmies

In this case we consider the question of causation in a criminal case involving police pursuit of a fleeing motorist. The principal question relates to the admissibility of evidence concerning the reasonableness of the pursuing officers’ conduct.

Defendant Claude Alex Schmies fled from an attempted traffic stop and engaged in a high-speed vehicle chase with peace officers. During the chase, one of the pursuing patrol cars struck another car. The driver of the other car was killed and the police officer was injured. Charged with a variety of offenses, defendant was acquitted of second degree murder (Pen. Code, §§ 187, 189) but convicted of vehicular manslaughter with gross negligence (Pen. Code, § 192, subd. (c)(1)) and reckless driving causing great bodily injury (Veh. Code, §23104, subd. (b)).

Sentenced to a total unstayed sentence of seven years four months, defendant appeals. In the published portion of this opinion we consider and reject the claim that the trial court improperly precluded evidence relating to the reasonableness of the police officers’ conduct during the pursuit. In the unpublished portion, we consider defendant’s remaining contentions that the court…