Gonzalez v. State

SHEVIN, Judge.

Eduardo Oropesa Gonzalez appeals a vehicular homicide conviction. We reverse and remand for a new trial.

Gonzalez was charged with manslaughter stemming from the death of a pedestrian. At trial, the state’s theory was that the pedestrian died as a result of impact with Gonzalez’s vehicle. The defense theory was that the pedestrian died when he was struck by another vehicle and that this impact propelled the body onto Gonzalez’s automobile. The sole eyewitness to the incident gave conflicting accounts of the event at deposition and at trial. As a result, the case was a classic…