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 Involuntary Manslaughter
Standard Jury Instruction: Involuntary Manslaughter
involves the accidental causing of death of another person, although
unintended, which death is the proximate result of negligence so gross,
wanton and culpable as to show a reckless disregard for human life.
Proposed Jury Instruction: Involuntary Manslaughter is defined as the unintended causing of death of another person as a result of acts that are so gross,
wanton and culpable as to show a reckless disregard for human life.
To find that the defendant acted with reckless disregard for human life, you must find something more than simple or ordinary negligence.
The defendant’s acts that you find to be grossly negligence must have caused the death.
Commentary
1. There is no statutory definition of involuntary manslaughter in West Virginia.
2. Something more than ordinary negligence is required to sustain an involuntary manslaughter conviction. State v. Hose, 187 W. Va. 429, 419 S.E.2d 690 (1992)(citing State v. Lawson, 128 W. Va. 136, 36 S.E.2d 26 (1945) 3. A defendant in a vehicular accident that involves acts of the defendant that reflect reckless disregard of human life may be charged with negligent homicide as defined in West Virginia Code § 17C-5-1(a) or with involuntary manslaughter. West Virginia, by case decision, allows involuntary manslaughter as an alternative to negligent homicide; the prosecutor has the discretion to choose the charge. Negligent homicide is limited to cases involving death that incurs while using a vehicle.
4. In revising the West Virginia instruction, we found the following relevant cases: State v. McGuire, 200 W. Va. 823, 490 S.E.2d 912 (1997); State v. Davis, 205 W. Va. 569, 519 S.E.2d 852 (1999); State v. Storey, 182 W. Va. 328, 387 S.E.2d 563 (1989); State v. Brown, 179 W. Va. 681, 371 S.E.2d 609 (1988); State v. Evans, 172 W. Va. 810, 310 S.E.2d 877 (1983); State v. Cobb, 166 W. Va. 65, 272 S.E.2d 467 (1980); State v. Comstock, 137 W. Va. 152, 70 S.E.2d 648 (1952); State v. Craig, 131 W. Va. 714; 51 S.E.2d 283 (1948); State v. Boggs, 129 W. Va. 603, 42 S.E.2d 1 (1946); State v. Barker, 128 W. Va. 744, 38 S.E.2d 346 (1946); State v. Lawson, 128 W. Va. 136, 36 S.E.2d 26 (1945); State v. Corley, 116 W. Va. 630, 182 S.E. 794 (1935)
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