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Criminal Law keyed to Dripps
Van Buskirk v. State
Facts
While driving in a remote area of the state, Teddie Van Buskirk (Defendant) and her boyfriend, Robert Rose, got into an argument. Defendant pulled off the road in a low place between two hills and ordered Rose to get out of the car. After Rose exited the vehicle, Defendant struck him and drove away. Shortly thereafter, Rose was struck and killed by another vehicle traveling at a high rate of speed. Defendant was charged with second-degree murder. At trial, Defendant testified that, while driving, Rose slapped her, knocking her eyeglasses off of her face. Defendant said she pulled over to look for the glasses and Rose exited the vehicle, began walking in front of the car to the driver’s side when Defendant accidentally pressed the gas pedal. The car lurched forward, hitting Rose and lifting him onto the hood of the car. Defendant testified that she hit the brake, Rose fell to the ground, and as he was getting up, she swerved around him and drove away. Defendant was convicted of second-degree manslaughter, sentenced to two years in prison, and she appealed.
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