Preview:

ATTORNEYS FOR APPELLANT
John D. Clouse Ivan A. Arnaez Clouse Law Offices Evansville, Indiana

ATTORNEYS FOR APPELLEE
Steve Carter Attorney General of Indiana Ellen H. Meilaender Deputy Attorney General Indianapolis, Indiana

______________________________________________________________________________

In the

Indiana Supreme Court
_________________________________ No. 26S05-0606-CR-212 MICHAEL C. ARMSTRONG, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). _________________________________ Interlocutory Appeal from the Gibson Superior Court, No. 26D01-0306-FC-0008 The Honorable Earl G. Penrod, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 26A05-0401-CR-12 _________________________________ June 15, 2006 Rucker, Justice.

We hold today that a driver of a vehicle who leaves the scene of an accident resulting in injury or death may be held criminally responsible even if the driver's vehicle did not strike the injured or deceased party.

Facts and Procedural History

In the early evening hours of May 31, 2003 Michael C. Armstrong was driving his Ford Expedition along County Road 400 West in Gibson County. Craig Mobley sat in the passenger seat. At some point Mobley apparently opened the passenger door and jumped from the vehicle while it was in motion. Because Mobley did not move after hitting the roadway, Armstrong believed that he was injured. However, Armstrong did not stop at the scene nor did he use his cellular telephone to call for help. Rather, according to Armstrong, he "freaked out and did not know what to do and kept on driving and later called his father to tell him [what happened]." Appellant's App. at 23. In the meantime a property owner discovered Mobley lying motionless in his yard near the roadway and called 911. About an hour later Armstrong returned to the scene with his father. Police had already arrived along with emergency personnel. Armstrong gave police a statement recounting the events as set forth above. Mobley later died as a result of his injuries.

The State charged Armstrong with failure to stop after an accident resulting in death, a Class C felony. See Ind. Code

Download Michael C. Armstrong v. State of Indiana.pdf

Indiana Law