A trucker was convicted of homicide after his trailer plowed into several vehicles on the highway, killing two people. The Delaware Supreme Court affirmed the convictions.
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A public defender for Winningham argued on appeal that the homicide convictions should be overturned because his only driving infraction was briefly diverting his attention from the roadway. Winningham also argued that the trial judge erred in finding that he failed to perceive a risk of"death or serious physical injury," when criminally negligent homicide requires proof of a failure to perceive a risk of death.
"A rational trier of fact could find that, under the circumstances, Winningham’s inattention was prolonged enough that it was a gross deviation from the standard of care that a reasonable person would observe," wrote Chief Justice Collins J. Seitz Jr.Winningham’s truck barreled into a line of traffic that was backed up in the travel lane waiting to exit the highway. The tractor-trailer crashed into three stopped cars, killing a 9-year-old girl and a 61-year-old man.
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