Hargrove v. Commonwealth

Opinion

MOON, J.

Napoleon Hargrove, Jr., fell asleep while driving on Jefferson Davis Highway in the City of Richmond and struck and killed a pedestrian who was walking across the highway. In a bench trial, he was convicted of involuntary manslaughter. We hold that under the facts and circumstances of the case, the evidence was insufficient to show that Hargrove’s conduct constituted “negligence so gross, wanton, and culpable as to show a reckless disregard of human life.” Tubman v. Commonwealth, 3 Va. App. 267, 270, 348 S.E.2d 871, 873 (1986).

On appeal, the decision of a trial court sitting…