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Commonwealth v. Huggins

Dismissal of involuntary manslaughter charges affirmed because evidence that defendant fell asleep while driving a van in excess of posted speed limit did not establish prima facie case that he consciously disregarded a substantial and unjustifiable risk that death would result; suppression of evidence that none of the van's occupants were wearing seat belts reversed because suppression order was overbroad.

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�1 The Commonwealth appeals from the Order entered on March 31, 2000, which granted Appellee Gary Huggins’s (“Huggins”) Motion to dismiss certain charges filed against him and to suppress evidence. We affirm in part and reverse in part.

�2 On July 10, 1998, at about 5:15 p.m., Huggins fell asleep while driving a passenger van on Interstate 80. After Huggins’s van struck another vehicle, it drove up an embankment, flipped, and came to rest on its passenger side. At the time of the accident, Huggins’s van held 24 occupants, 20 of whom were under the age of 12 years old. Two of the occupants died as a result of the accident, and 16 occupants sustained injuries.

�3 On August 16, 1999, police charged Huggins with 23 counts of aggravated assault, two counts of involuntary manslaughter, two counts of homicide by vehicle, 23 counts of recklessly endangering another person (REAP), *fn1 and various summary offenses. *fn2 On December 29, 1999, Huggins filed an omnibus pretrial Motion to dismiss the charges of aggravated assault, involuntary manslaughter, homicide by vehicle, and REAP. Huggins also sought to suppress any evidence relating to the use or non-use of seat belts in the van.

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