Intervening cause and Crystal Mangum.

Over at Sid's blog, a number of posters, well just two really, continue to misunderstand  and mis-apply the law. In fact, Sid is the worst of the bunch. I think a review of the case law is appropriate in this unhappy matter.

The general facts, most beneficial to the defendant are that Crystal Mangum got in an argument with Reginald Daye. During the course of that argument, Crystal armed herself with a steak knife and used it to stab Daye in the flank. Crystal made good her escape after stabbing Daye. Daye sought medical treatment from paramedics. Ultimately he ended up in Duke University Hospital and was operated on. Daye, was admitted in an intoxicated state, but the operation was initially thought successful. However, some days after the operation, Daye was assessed as in need of intubation. The initial intubation was esophageal and did not restore adequate air flow. Daye was re-intubated and this did restore airflow. After some time passed, Daye had no brain function and his family elected to remove him from life support. Thereafter he died.

Issue

When will an intervening act halt criminal liability?

Rule

A defendant will be held criminally responsible for second-degree murder if [her] act caused or directly contributed to the victim's death. State v. Jordan, 333 N.C. 431, 439, 426 S.E.2d 692, 697 (1993),  State v. Welch, 135 N.C. App. 499 at 503, 521 S.E.2d 266 at ___ (1999). To escape responsibility based on an intervening cause, the defendant must show the intervening cause was "the sole cause of death." Sate v. Holsclaw, 42 N.C. App. 696 at 699, 257 S.E.2d 650 at 652 (1979).

Application

In Welch, the court reasoned: "Defendant contends, based on the testimony of Dr. Stanton, that Lemmons' refusal to accept a blood transfusion was an independent and intervening cause of death, such as to cut off any responsibility defendant may have in the victim's death. However, it is clear from the evidence that Lemmons' act in declining a blood transfusion was not "the sole cause" of death." Id. Indeed, all of Lemmons' injuries resulted from the stabbing inflicted by defendant. Thus, but for defendant's act, Lemmons would not have been in need of a blood transfusion."

In Daye's case, Sid, not Crystal, contends that the esophageal intubation was the intervening cause of death, such as to cut off any responsibility Crystal may have in Daye's death. However, as in Welch, Daye would not have been in the hospital but for Crystal's stabbing of him. He would not have needed surgery. He would not have needed an intubation. Thus, as in Welch, but for the defendant's act, Daye would not have died.

Conclusion

The jury got it right. Daye's death was the result of Crystal's stabbing. Understand, Crystal's lawyers have grasped this since Dr. Roberts gave her report. That's why they refused to raise the issue at trial and they refused to raise the issue on appeal. 

Walt-in-Durham