State v. Eugene C. Baum(073056)

Defendant Eugene Baum, while driving from his residence to his mother’s home, struck and killed two teenage girls walking in the bike lane of a major roadway. At the time of the incident, defendant’s blood alcohol level was four times the legal limit. Defendant had taken a prescribed anti-depressant, Paxil, the night before, and Librium that morning to control his symptoms of alcohol withdrawal.

Defendant argued at trial that he lacked the mental capacity to act recklessly due to his involuntary intoxication, and that his intoxication was not voluntary because he suffered from the mental…