State v. Below

¶ 1. Michael D. Below appeals from a judgment of conviction for first-degree reckless homicide and physical abuse of a child arising out of the August 2008 abuse which led to the death of his infant daughter, Madison. He argues that the trial court erred in denying his motion for an intervening cause instruction. We disagree. The evidence showing that Below's actions were a substantial factor in Madison's death is sufficient to support the jury's verdict. Additionally, the trial court's decision to deny Below's requested jury instruction was not an erroneous exercise of discretion. We affirm.

S…