Lofthouse v. Commonwealth

I respectfully dissent in part from the majority opinion because reckless homicide is a viable and appropriate avenue to address Lofthouse’s conduct under the facts presented. I would affirm the conviction in all respects.

The legislature of this Commonwealth promulgated KRS 507.050 defining reckless homicide, and in so doing fashioned a tool responsive to a broad range of conduct which, while not culpable to the same degree as intentional or wanton murder, still demands proportional condemnation.

The gravamen of the offense is the failure to perceive a substantial and unjustified risk when…