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Criminal Law Keyed to Ohlin
State v. Smith
Citation:
2007 WL 1165822 (2007)Facts
On April 15, 2005, the defendant hit Bryan Biser with a closed fist on the left side of his head. Biser never raised his arms, squared to fight, or said a threatening word. As Biser fell to the ground, the right side of his face hit a parked car, and then his head hit the pavement. The defendant “Dance” over Biser, taunting him. EMTs arrived and transported Biser to the hospital. Biser told the EMTs that he was diabetic and had taken his insulin that day, but the EMTs were not able to check his blood-glucose level.
At the hospital, Biser refused emergency treatment for his head injuries and his diabetes, despite an elevated blood-glucose level of 465. Biser stated that he had insulin at home to treat himself and did not want to purchase more at the hospital. He recycled a CAT scan and was told to return immediately if he experience any vomiting, confusion, or vision problems. He left the hospital and went home.
Later that day, people went to check on Biser and he seemed confused and did not remember being involved in a fight. The next day, they visited again but Biser did not let them in and told them he felt sick to his stomach and asked them to leave him alone. His cousin testified that Biser told her he took his insulin but that his head hurt and he wanted everyone to go away.
Biser was eventually found lying on the floor, unconscious. He struggled to breathe, and his feet and left arm had turned black. He was transported to the hospital. His CAT scan showed that he had a possible skull fracture, a small subdural hematoma, a subarachnoid hemorrhage, and that his blood-glucose level was 1,169 and he was in severe diabetic ketoacidosis (a lethal condition resulting in a failure to take insulin). He underwent exploratory surgery and died.
Smith was convicted of involuntary manslaughter and assault.
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