TAYE v. State

BERGER, Justice:

In this appeal we consider whether the trial court properly found that a first responder was a “firefighter ... in the lawful performance of duties,” under a criminal statute making the reckless killing of such a person first degree murder. The victim was trained both as an emergency services responder (EMR) and as a firefighter. But she was not putting out a fire when appellant’s car struck and killed her. She was providing medical assistance to a person injured in a motorcycle accident. The testimony at trial established that firefighters perform multiple functions, many of…