State v. Ynocenscio

Ynocenscio was charged with vehicular homicide when he attempted to pass another vehicle in the fog and collided with a speeding motorcycle, killing the motorcyclist. The court dismissed the charges finding that there was no evidence that Ynocenscio had criminal intent. The trial court also seems to have found, based on conflicting evidence, that defendant’s actions were at most negligent and, therefore, insufficient to justify the charge. We disagree and reverse for trial.

Ynocenscio was following another vehicle on a two-lane highway when he decided to pass. Although the area at which he…