Rouen v. State

Following a jury trial, Howard Rouen was found guilty of homicide by vehicle in the first degree based on the predicate offense of felony hit-and-run1 and of felony hit-and-run.2 The trial court merged the felony hit-and-run count into the vehicular homicide count and sentenced Rouen to ten years in prison on the vehicular homicide count. Rouen appeals the denial of his amended motion for new trial, asserting that the trial court erred in failing to charge the jury on the law of accident, in failing to re-sentence him for felony hit-and-run under the rule of lenity, and in admitting a photograph of the victim’s skull. We affirm. Viewing the evidence in the light most favorable to the verdict,3 the record reflects that on November 14, 2008, shortly after midnight, as Rouen was driving along Cherokee Street at the intersection with McCollum Parkway in Cobb County, he struck and killed a bicyclist, John Wigren. Thomas Ross IV, who had stopped his vehicle on McCollum in order to allow Wigren to pass in front of him, witnessed the collision. Ross testified that a red pickup truck, traveling in the same direction as Wigren’s bicycle, struck the bicycle from behind. Wigren’s body hit the truck’s hood and windshield and then “flew through the air,” coming to rest on the side of the road, 82 feet from the point of impact. The impact shattered the windshield and damaged the body of the truck, causing a piece of the truck to fall off in the road. Ross further testified that the night was “partially” foggy, but that he had no trouble seeing the bicyclist or the truck.

Ross called 911 to report the accident and ran to assist the victim, who was still alive at that point. Ross left his car running, with the headlights shining across Cherokee Street, which was also lit by street lights. As he stood on the road next to the victim, he watched as the red pickup turned into a strip mall on the left, then “peeled out” and came back along Cherokee, past the intersection with McCollum Parkway. Ross testified that the driver of the truck “sped up” and continued on without stopping, passing Ross standing in the road, the prone victim, and the bicycle lying next to the victim. Wigren sustained multiple serious injuries in the collision and died of trauma including skull fractures and broken vertebrae.