We have a case where a fatal vehicle crash occurred on the state line. The crash began in Texas, and ended in New Mexico. The suspected driver was intoxicated, and the passenger died at the scene. Anyone had a case like this? We have a question of jurisdiction given everything started in our county, but final rest and decedent was in NM. Any direction, or assistance, is appreciated. My email is rscifres@yoakumcounty.org. Any communications can go through my email please.

Ray

Besides reading like a subplot the next John Grisham novel, here’s my thoughts on your situation:

I think you’ve absolutely got jurisdiction for criminally negligent homicide.

TPC 1.04 (b)- "If the offense is criminal homicide, a "result" is either the physical impact causing death or the death itself..."

Further support for this appears in the venue section of the Code of Criminal Procedure 13.05 and 13.07-

"Art. 13.05. CRIMINAL HOMICIDE COMMITTED OUTSIDE THIS STATE. The offense of criminal homicide committed wholly or in part outside this State, under circumstances that give this State jurisdiction to prosecute the offender, may be prosecuted in the county where the injury was inflicted, or in the county where the offender was located when he inflicted the injury, or in the county where the victim died or the body was found."

BUT, of course, your best charge is Intox. Manslaughter, not criminally negligent homicide. I think you’re still OK there. TPC 1.04(a)(1) would seem to cover you, as the "conduct" occurs inside the state, even if the "result of that conduct" occurred in NM.

There’s support for this in the venue provisions of the CCP as well.

"Art. 13.07. INJURED IN ONE COUNTY AND DYING IN ANOTHER. If a person receives an injury in one county and dies in another by reason of such injury, the offender may be prosecuted in the county where the injury was received or where the death occurred, or in the county where the dead body is found."

At the VERY least you could do an intox assault in your county, as the assault was completed when the injuries were received in Texas, even if the death didn’t complete until New Mexico.

I also think you should make sure that Baylor Law gets a copy of the case file for next year's Top Gun mock trial problem. Sheesh.

The situation we had years ago involved a kidnapping in Texas which led to a murder in Mexico. When the case ended up in the C.C.A., the ultimate holding by said Court was that there was territorial jurisdiction becase an element of the capital murder had occurred in Texas. See Rodriguez v. State,146 S.W.3d 674 (Tex.Crim.App. 2004). I think the same logic would apply to your situation involving two states.