PA Superior Court: Causing Fatal Accident While Drunk Driving May Be Third Degree Murder

Commonwealth v. Peters

Philadelphia Criminal Defense Lawyer Zak T. Goldstein, Esquire

The Pennsylvania Superior Court has decided the case of Commonwealth v. Kevin Peters, holding that the trial court properly convicted the defendant of third degree murder for killing two people while driving drunk. The holding in this case conflicts with numerous cases of the Pennsylvania Supreme Court in which the Court has held that drunk driving normally does not show the malice necessary to sustain a third degree murder conviction. Nonetheless, an en banc panel of the Superior Court affirmed the defendant’s conviction in this case.

The Facts of Peters

The evidence at trial showed that on December 6, 2019, after an evening of heavy drinking, the defendant decided to drive home from Philadelphia, despite being significantly impaired. He had attended an open-bar event at Ruth’s Chris Steak House, followed by visits to two other bars, where he continued to consume alcohol. The defendant rejected offers for alternative transportation from co-workers and chose to drive, even though he was visibly intoxicated.

The Commonwealth’s evidence suggested that the defendant was very drunk. He appears to have exhibited highly dangerous driving behavior, including speeding, swerving, and making abrupt lane changes without signaling on Interstate 95. He even had trouble paying to exit the parking garage and instead pushed the gate up himself, damaging it. Multiple drivers reported his erratic driving to 911. At approximately 1:00 AM, while traveling at a speed of 115 miles per hour, Peters rear-ended a van on I-95, causing it to catch fire. Two passengers in the van were killed. Two other occupants of the van survived but suffered serious injuries.

The Trial

The defendant was arrested and charged with murder, homicide by DUI, and related charges. The jury convicted him of third-degree murder, aggravated assault, and other charges. His defense had focused primarily on the idea that he should not be convicted of murder because ordinary drunk driving, without more, even when it results in a fatal accident, does not show the mens rea of malice necessary for a third degree murder conviction. Myriad other serious charges would apply, but murder arguably would not. The jury rejected that defense and convicted him, and he received a lengthy state sentence. He appealed.

The Superior Court Appeal

Peters appealed to the Pennsylvania Superior Court. The Court went en banc to hear the case, meaning that nine judges decided to hear it instead of a normal panel of three. On appeal, Peters challenged the sufficiency of the evidence, particularly the finding of "malice" necessary to sustain the convictions for third-degree murder and aggravated assault.

The Superior Court affirmed. The court rejected Peters’s arguments, finding that his conduct demonstrated malice, which is a "conscious disregard for an unjustified and extremely high risk" to human life. The court highlighted the following aggravating factors:

• The defendant's high level of intoxication, with a blood alcohol concentration (BAC) of 0.151%.

• His decision to drive at extreme speeds, peaking at 115 miles per hour, despite being aware of his impairment.

• His failure to brake until less than half a second before impact.

• The extended period of reckless driving leading up to the crash, during which Peters nearly collided with other vehicles, was offered a ride home before he began to drive, and had trouble exiting the parking garage.

The court distinguished this case from other DUI-related cases by emphasizing that the defendant had multiple opportunities to recognize the risk he was creating but chose to continue his dangerous behavior. The court concluded that the defendant’s sustained recklessness and the extreme danger he posed justified the jury's finding of malice.

Notably, the lead opinion drew a dissent in which multiple judges joined. The dissent opined that the Commonwealth had shown no behavior which was not inherent in the crime of homicide by DUI or driving drunk in general, and so the Commonwealth had failed to show malice. Peters had also not been warned by anyone else - although other motorists had called 911, he did not know that they had called 911. The dissent also emphasized that as dangerous as drunk driving may be, the Supreme Court has generally held that drunk driving does not provide the evidence of malice necessary for murder. Therefore, the Pennsylvania Supreme Court may well grant review of this decision.

Facing criminal charges or appealing a criminal case in Pennsylvania?

Goldstein Mehta LLC Criminal Defense Attorney Zak T. Goldstein, Esquire

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals and dismissals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, Violations of the Uniform Firearms Act, and First-Degree Murder. We have also won criminal appeals and PCRAs in state and federal court, including the successful direct appeal of a first-degree murder conviction and the exoneration of a client who spent 33 years in prison for a murder he did not commit. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.