Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Evidence
Arrest, Search, and Investigation
State v. Pierce, 216 N.C. App. 377 (Oct. 18, 2011)
In a case in which a second officer died in a vehicular accident when responding to a first officer’s communication about the defendant’s flight from a lawful stop, the evidence was sufficient to establish that the defendant’s flight was the proximate cause of death to support a charge of fleeing to elude arrest and causing death. The evidence was sufficient to allow a reasonable jury to conclude that the second officer’s death would not have occurred had the defendant remained stopped after the first officer pulled him over and that the second officer’s death was reasonably foreseeable. The court rejected the defendant’s argument that the second officer’s contributory negligence broke the causal chain.