Steven Michael Wyatt (appellant) appeals from his jury trial conviction for aggravated involuntary manslaughter under Code § 18.2-36.1(B).FN1 On appeal, he contends the evidence was insufficient to support a finding that his conduct causing a death “was so gross, wanton and culpable as to show a reckless disregard for human life,” as required for a conviction for violating Code § 18.2-36.1(B). We hold the evidence was sufficient to support a finding that appellant was criminally negligent, and we affirm the conviction. [ This is a serious automobile related charge in Henrico County]
FN1.FN1. Appellant also was convicted for felony hit-and-run and the misdemeanor of driving under the influence while underage. He noted an appeal of all three convictions, but his assignments of error impact only the aggravated involuntary manslaughter conviction.
I.
BACKGROUND
Shortly after 7:15 p.m. on November 23, 2001, after dark, Paulette Shaw was driving her Ford Explorer eastbound on a straight, two-lane road with a speed limit of 55 miles per hour. *414 The road was dry, paved asphalt that was “in very good condition” and **120 was marked with a double yellow line down the center. At that time, witnesses traveling eastbound behind Shaw's Explorer saw the headlights of appellant's westbound vehicle swerve into the eastbound lane. Both front tires of appellant's vehicle “were across the yellow line.” The driver's side front fender and wheel of appellant's vehicle contacted some portion of the driver's side of Shaw's vehicle. Appellant's vehicle then “bounce[d]” “sharply back into ... the westbound lane of traffic and kept going,” narrowly missing at least one of the cars behind Shaw's Explorer. Shaw's vehicle hit a tree, and Shaw was killed.
Although the road was straight in the area where the accident occurred, appellant's vehicle was “right ... at the crest of” a “gradual” “little” “hill” when it started “coming over and into [the eastbound] lane of traffic.” However, the evidence established that, even if a vehicle was on the crest of the hill, its driver could clearly see ahead “[p]robably one hundred yards” “regardless of the incline or decline.” [ A Richmond VA Lawyer can also assist you with a case in Henrico County]
State Troopers John Facchina and William Harden were dispatched to the accident scene. Shortly after 7:30 p.m., they found appellant's abandoned Mitsubishi by the side of the road a little over a mile from the scene of the collision and noticed “what appeared to [be] fresh damage on the front fender and driver's front wheel.” They then proceeded to the actual scene of the accident to interview witnesses and conduct an investigation at that location. Trooper Facchina examined the road where the accident occurred and found no “brake marks in either direction which could have possibly come from either vehicle.” Between about 8:45 and 9:00 p.m., Trooper Facchina again examined the Mitsubishi and found an open can of beer sitting in the console between the two front seats. The can was half-full and cold. [ Driving with an open container is a criminal offense in Henrico County]
Troopers Facchina and Harden then proceeded to appellant's residence, where they found him “obviously flustered and visibly upset,” with his “clothes ... in disarray.” Appellant told the officers that the accident occurred when a vehicle *415 crossed the center line and struck his car, saying he thought “the other driver caused the accident.” Appellant was “very talkative,” his speech was slurred, and he had the odor of alcohol on his breath.
Appellant told the troopers he had left work at about 4:30 p.m. and went to Bungalow Billiards to shoot pool. Appellant, who was born in 1982 and was 19 years old at the time, admitted he had a Department of Motor Vehicles identification card bearing a name other than his own and a birth date of 1980, which he used to buy alcohol. Appellant said he consumed “five or six beers and a shot of Hennessy” while at the pool hall and then departed for home. He denied having anything to drink “since he left the bar.” Appellant said that, when he left the bar, “he felt okay to drive, but he felt buzzed.” [ Drunk Driving is a serious crime in Virginia]
Appellant left the scene of the accident without stopping, and said he was concerned because he had been drinking and he did not want to be arrested for driving while intoxicated. He was trying to get home but “[t]he vehicle wouldn't go any further after about possibly two miles from the scene,” at which time he pulled to the shoulder, “slipped into the woods on the east side” of the road, and “used his cell phone to call his family to come pick him up.”
When the troopers took appellant into custody and “walk[ed] him down from the porch,” Trooper Harden noticed “he was somewhat unsteady on his feet.” A breathalyzer administered at 10:22 p.m., a little over three hours after the collision, showed an alcohol content of 0.07 grams per 210 liters of breath.
Appellant was tried for aggravated involuntary manslaughter, felony hit-and-run, and driving under the influence while underage, and the jury convicted appellant of the charged offenses. As recommended by the jury, appellant was sentenced to serve seven years for the aggravated involuntary manslaughter conviction and four years for the hit-and-run conviction, to run consecutively, and he was given a fine of *416 $500 for the offense of underage driving under the influence.
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