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KSC reverses bartender's involuntary manslaughter conviction

By Randall Hodgkinson

Jennifer Conkling won in State v. Scott, No. 95,760 (Kan. Dec. 7, 2007), reversing a Reno County conviction for involuntary manslaughter against a bartender who served a drink called "The Stoplight." The KSC reviewed the Kansas involuntary manslaughter statute and concluded that "we have no hesitation in holding the State must prove that a defendant's behavior was the proximate cause of the victim's death under K.S.A. 2004 Supp. 21-3404(c)." The KSC then reviewed the record on that point:

the evidence of proximate causation placed before Scott's jury was insufficient as a matter of law. The State proved that Goodpasture, an adult, voluntarily consumed alcohol including "The Stoplight," at The Point. It proved that her death resulted from acute ethanol poisoning. But it put on no evidence to show that "The Stoplight"?the only alcohol alleged to have been supplied to her by Scott illegally, i.e., the only alleged lawful act performed in an unlawful manner?led to the poisoning. Although the jury might reasonably have inferred that "The Stoplight" accounted for some part of Goodpasture's blood alcohol content, there was no testimony demonstrating that "The Stoplight," in particular, marked the doorway from her intoxication to her death.

This is a pretty high profile case in the Hutchinson area. Here is local coverage from the Hutch News. The story also made the front page of the Topeka Capital-Journal (here). Here is link to some of the original CourtTV background info on the trial.

Full post as published by Kansas Defenders on December 07, 2007 (boomark / email).