People v. Kiseloff CA5

INTRODUCTION

Appellant/defendant Morrie William Kiseloff was tried for gross vehicular manslaughter while intoxicated with a prior conviction for driving under the influence (Pen. Code, § 191.5, subds. (a), (d)), causing the death of his friend, Marvin Arthur Horne. Defendant and Horne had spent the day together, going fishing and drinking, and driving in defendant’s pickup truck. As defendant performed a U-turn on Road 24, Horne either fell or “flew” out of the truck, landed on the pavement, and suffered fatal head injuries. The disputed questions at trial concerned defendant’s intoxication and how he was driving. As we will explain below, the prosecution case was that defendant was under the influence; that he told the 911 operator that he was doing a “donut” when Horne flew out of the truck; that he told the investigating officer he had consumed 20 beers; and his drunk driving was the proximate cause of Horne’s death. The defense case was that defendant had been upset and confused when he spoke to the 911 operator and the investigating officer; that he misunderstood the officer’s questions and thought he asked about Horne’s alcohol consumption; that defendant only had two…