State v. Petersen

I would reverse the manslaughter conviction.

A person commits criminal homicide when he “causes the death of another human being.” ORS 163.005 (1). Criminal homicide constitutes manslaughter when it “is committed recklessly.” ORS 163.125 (1) (a). Reckless means “that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result [death] will occur.” ORS 161.085 (9).

As I see it, the question is whether defendant’s reckless conduct “caused” the death of the victim. The problem here is not “causation in fact,” it is “legal causation.” See generally, LaFave…