Van Buskirk v. State

611 P.2d 271 (1980)

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Van Buskirk v. State

Oklahoma Court of Criminal Appeals
611 P.2d 271 (1980)

Facts

While driving in a remote area of the state, Teddie Van Buskirk (defendant) and her boyfriend, Robert Rose, got into an argument. Van Buskirk pulled off the road in a low place between two hills and ordered Rose to get out of the car. After Rose exited the vehicle, Van Buskirk struck him and drove away. Shortly thereafter, Rose was struck and killed by another vehicle traveling at a high rate of speed. Van Buskirk was charged with second-degree murder. At trial, Van Buskirk testified that, while driving, Rose slapped her, knocking her eyeglasses off of her face. Van Buskirk said she pulled over to look for the glasses and Rose exited the vehicle, began walking in front of the car to the driver’s side when Van Buskirk accidentally pressed the gas pedal. The car lurched forward, hitting Rose and lifting him onto the hood of the car. Van Buskirk testified that she hit the brake, Rose fell to the ground, and as he was getting up, she swerved around him and drove away. The trial court instructed the jury that it could consider a conviction of second-degree manslaughter, which Van Buskirk was convicted of, sentenced to two years in prison, and she appealed.

Rule of Law

Issue

Holding and Reasoning (Cornish, J.)

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