The defendant was charged with criminal negligence causing death and bodily harm, and impaired driving causing death and bodily harm, following a horrific motor vehicle collision.
The central issue at trial was the identity of the driver, as the defendant claimed his friend was driving the vehicle.
The court applied the W.D. analysis and relied on circumstantial evidence, including mirror-image seatbelt injuries sustained by the occupants, to conclude beyond a reasonable doubt that the defendant was the driver.
The court also found that the defendant's ability to drive was impaired by alcohol and that his driving at excessive speeds constituted a marked and substantial departure from the standard of a reasonable person.
The defendant was found guilty on all counts.
