State v. Brooks - 163 Vt. 245, 658 A.2d 22 (1995)

Rule:

A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The risk must be of such a nature and degree that, considering the nature and purpose of the actor's conduct and the circumstances known to him, its disregard involves a gross deviation from the standard of conduct that a law-abiding person would observe in the actor's situation.

Facts:

Defendant owned a home that was equipped with a driveway heater. The driveway heater was defective and caused other occupants to become ill from carbon monoxide poisoning. Subsequently, defendant sold the home to parties without disclosing the problem with the driveway heater. The parties then died from carbon monoxide poisoning. Defendant was charged with and convicted of involuntary manslaughter. On appeal, defendant challenged as erroneous the jury instructions pertaining to (1) the mens rea of recklessness, (2) a seller's legal duty to disclose material defects about a house, and (3) the defense of intervening causation. Defendant also claimed that his motion for acquittal was improperly denied because there was insufficient evidence to prove the essential elements of recklessness and the existence of his legal duty to act.

Issue:

Did the district court err in convicting defendant for involuntary manslaughter? 

Answer:

No.

Conclusion:

The court affirmed defendant's conviction, finding that the instructions given by the trial court were an accurate statement of the law. The court also concluded that defendant's motion for acquittal was properly denied because there was sufficient evidence for the conviction.