### ILEL) 

# S fM'P a OFAPPEAI -

S 01 

### IS10 T8 

### 2013 N011, 13 

### AA 11: 17 IN THE COURT OF APPEALS OF THE STATE OF WASHIN DIVISION II STATE OF WASHINGTON, Respondent,

V. KENNETH RAY YOUNGBLOOD, 11 No. 42635 - 8 -II

UNPUBLISHED OPINION
WORSWICK, C.J. —

### Ajury found Kenneth Youngblood guilty offirst degree manslaughter. Youngblood appeals his conviction, asserting that (1) the State presented insufficient evidence to prove the recklessness and causation elements offirst degree manslaughter and (2) the trial 

### court' s reasonable doubt instruction misled thejury on the State' s burden ofproof. Because the State presented insufficient evidence to prove the recklessness element offirst degree manslaughter, we reverse Youngblood' s conviction and remand for dismissal with prejudice. FACTS On December 18, 2009, Mark Davis went to an Aberdeen, Washington bar after 

### attending a memorial service for a friend who had committed suicide. Youngblood was also at the barthat evening. While at the bar, Davis appeared to be intoxicated. Davis slurred his speech, cried over the death ofhis friend, and repeatedly stated that he wanted to kill himself.No. 42635 -8 -II



### Youngblood was speaking with Davis outside the barwhen Youngblood' s daughter, Katherine Youngblood, and Katherine' s friend, Emily Brisby, arrived.' The four made plans to 

### meet at Youngblood' s home. When they arrived atYoungblood's home, the four began drinking 

### andtalking. Shortlythereafter, Davis became upsetand suicidal. After Davis became distraught, Youngblood offered him between 10 and 20 pills to calm him down. According to 

### Brisby,Youngblood handed Davis 10 to 20 pills but,when asked, refused totell Davis what kind
of pills they were, stating only that "they were to calm him down." Report of Proceedings ( RP) at 109. 

### Shorty after ingesting the pills, Davis became " spac[e]y" and appeared to be "heavily
sedated." 

### RP at 110. After approximately 20 minutes, Davis tried to go to the bathroom butwas too intoxicated to walk and had to be carried to the bathroom by Youngblood and Katherine. For 

### the next few hours, Brisby frequently checked the bathroom to see ifDavis was okay. She saw that Davis had fallen from the toiletwith his head resting on the side ofthe bathtub and that he 

### was still breathing. Brisby stated that she wanted to call 911, but Youngblood told her notto call 911 because he had taken that amount ofthe medication before and knew that Davis would be 

### okay. Before leaving Youngblood's home at around 3: 30 to 4:00 AM, Brisby checked on Davis and sawthat he was still breathing. The following day, medics were called to Youngblood's home and found that Davis had died on the bathroom floor. Youngblood told police officers that he had an illness that made it difficult "for him to
remember things, particularly when he has been taking his medication or been drinking." RP at 33. Youngblood stated to the officers that he had hosted an after - hours party at his house with
1 

### For clarity,we referto Katherine Youngblood by her first name, intending no disrespect.
2No. 42635 - 8 -II 

### Davis, Katherine, and Brisby. Youngblood also told officers about his prescribed medications after the officers noticed several prescription bottles around his home. Officers collected several
prescription bottles as evidence, including a half - filled bottle of Seroquel.

### 2 The State charged Youngblood with first degree manslaughter and controlled substances homicide.3 

### Attrial; forensic toxicologist Brianne O' Reillytestified that she had tested a sample of Davis' s blood, which test revealed Davis had a blood alcohol level of0.230 to 0.235. O' Reilly's test of Davis' s blood sample also revealed the presence of Seroquel and clonazepam, an anti

### seizure medication. O' Reilly stated thatthe presence ofSeroquel in Davis' s blood sample exceeded the therapeutic dosage associated with the drug. But O' Reillywas unwilling to opine that the Seroquel in Davis' s system caused his death. O' Reilly stated that she had trouble 

### determining afatal toxicity level for Seroquel because it is " in general considered apretty safe
medication." RP at 70. Forensic pathologist Emmanuel Lacsina testified that he had performed Davis' s autopsy, which revealed that Davis had high levels ofalcohol and Seroquel in his system when he died. Lacsina stated his opinion that the combination of Seroquel and alcohol caused Davis' s death. Lacsina also testified that this was the first case that he had examined where Seroquel was a factor in a person' s death.

2 According to the trial trial testimony, Seroquel is a brand name for the 

### drug" quetiapine," an 

### anti-psychotic medication generally used in the treatment ofschizophrenia orbipolar mania." RP at 69. 3 Before trial,the trial court granted the State' s motion to dismiss the controlled substances homicide charge. Thus, we do not address whether sufficient evidence would have supported that charge.No. 42635 -8 -II



### Thejury returned averdict finding Youngblood guilty offirst degree manslaughter. Youngblood timely appeals his conviction.
ANALYSIS Youngblood argues that the State presented insufficient evidence to support his first 

### degree manslaughter conviction. Specifically, Youngblood contends that the State' s evidence was insufficient to support the recklessness element offirst degree manslaughter. We agree. 

### Thetest for determining the sufficiency ofthe evidence is whether, afterviewing the evidence in the light most favorable to the State, any rational trier offact could have found guilt beyond a reasonable doubt." State v. Salinas, 119 Wn.2d 192, 201, 829 P.2d 1068 ( 1992). All reasonable inferences from the evidence must be drawn in favor ofthe State and interpreted

most strongly against the defendant." Salinas, 119 Wn.2d at 201. " A claim of insufficiency 

### admits thetruth ofthe State' s evidence and all inferences that reasonably can be drawn therefrom." Salinas, 119 Wn.2d at 201. Circumstantial evidence and direct evidence are 

### deemed equally reliable. State v. Delmarter, 94 Wn.2d 634, 638, 618 P.2d 99 ( 1980). Credibility determinations are for the trier offact and cannot be reviewed on appeal." State v. Camarillo, 115 Wn.2d 60, 71, 794 P.2d 850 ( 1990). To convict Youngblood for first degree manslaughter, the State had to prove beyond a reasonable doubt the essential elements offormer RCW 9A.32.060 ( 1997), which provided in relevant part, "

### A person is guilty ofmanslaughter in the first degree when ... [ h] e recklessly causes the death of another person." Thus, to sustain Youngblood' s first degree manslaughter conviction.on appeal, the State' s evidence must have 

### been sufficientto prove that he acted recklessly.

ElNo. 42635 - 8 -II RCW 9A.08. 010( c) provides, "A person is reckless or acts recklessly when he or she 

### knows ofand disregards a substantial riskthat awrongful act may occur and his or her disregard of such substantial risk is a gross deviation from conduct that a reasonable person would exercise in the same situation." RCW 9A.08. 010(c)' s definition of recklessness contains both subjective and objective components, such that it requires thejury to determine " both what the defendant knew and how a reasonable person would have acted knowing these facts." State v. R. H. S., 94 Wn.App. 844, 847, 974 P.2d 1253 ( 1999). 

### When determining whether a defendant acted 

### recklessly underthis definition,the trier offact "is permitted to find actual subjective knowledge ifthere is sufficient information thatwould lead a reasonable person to believe that a fact exists." R.KS, 94 Wn.App. at 847. 

### Youngblood contends thatthe State failed to present any evidence that he had actual 

### knowledge ofthe substantial risk ofdeath created by providing 10 to 20 Seroquel pills to a 

### highly intoxicated Davis. In response, the State does not pointto any evidence inthe record 

### supporting thejury finding thatYoungblood had specific knowledge ofa substantial risk ofdeath that could occur by providing Seroquel to Davis, but instead asserts that it is a matter of 

### common knowledge" that mixing prescription medication with alcohol could have adverse side effects, including death. Br. ofRespondent at 6. But, even accepting the State' s argumentthat a reasonable person in Youngblood' s position would believe that giving a large quantity of prescription medication to an intoxicated person could result in adverse side effects, including 

### thepossibility ofdeath, here the State was required to prove that Youngblood knew ofand disregarded a substantial riskthat death would occur by providing an intoxicated Davis with Seroquel pills. RCW 9A.08. 010( c). We hold that the State failed to meet this burden.No. 42635 - 8 -II 

### The State did not present any evidence that Youngblood had actual knowledge ofthe 

### risks associated with combining Seroquel with alcohol, let alone a substantial risk ofdeath. For example, the State did not present anytestimony from a physician orpharmacist stating thatthey 

### typically caution patients against mixing Seroquel and alcohol due to the riskofdeath, nordid the State present any documentary evidence, such astext from awarning label on the prescription bottle or physician' s note. And the State did not present the half - filled prescription bottle of Seroquel that police had collected from Youngblood' s apartment. The State' s evidence also failed to establish that a reasonable person would believe that 

### giving Seroquel to an intoxicated person would likely result inthe person's death. Although forensic toxicologist O' Reillytestified thatthe manufacturers ofSeroquel warn against mixing 

### the drug with alcohol, she did nottestifythat such manufacturers' warnings included information about a substantial risk ofdeath associated with combining Seroquel and alcohol. And O' Reilly did not opine that Seroquel was the cause ofDavis' s death, testifying instead that Seroquel is " in general considered a pretty safe medication." RP at 70. 

### Forensic pathologist Lacsina'stestimony similarly failed to establish knowledge ofa substantial risk ofdeath associated with providing Seroquel to an intoxicated person. Although Lacsina concluded that the combination of Seroquel and alcohol caused Davis' s death, he admitted that this was the first case he had examined in which Seroquel was a factor in causing someone' s death. In light ofthe State' s own expert witnesses' testimony that Seroquel is 

### generally considered asafe medication (O' Reilly) and thatthis was the only case examined by the witness where Seroquel was a factor in death (Lacsina), we cannot accept the State' s claim

CNo. 42635 - 8 -II 

### thatthe substantial risk ofdeath associated with combining Seroquel and alcohol is a matter of
common knowledge." Because the State' s evidence was insufficient to prove that Youngblood knew, or that a reasonable person in Youngblood' s position would know, of a substantial risk ofdeath 

### associated with providing Seroquel to aperson under the effects ofalcohol, itfailed to establish the element ofrecklessness required to sustain a first degree manslaughter conviction. 

### Accordingly,we reverse Youngblood's first degree manslaughter conviction and remand for dismissal with prejudice.4 

### A majorityofthe panel having determined thatthis opinion will notbe printed inthe Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so ordered.

Worswick, C.J.

4 Because we reverse Youngblood' s conviction based on the insufficiency ofthe State' s evidence, we need not address his remaining issues.

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