State of Kansas v. Landunn D. Richardson

Olathe, Kansas, criminal defense lawyer represented the Defendant charged with second-degree murder and driving on a suspended license.

Reported by Kent Morlan

On a Friday evening in August 2016, Landunn D. Richardson was driving a 1994 GMC Sierra truck southbound on I-635 when he suddenly lost control of the truck. According to Richardson, he heard a loud pop and then immediately lost the ability to brake and steer. The truck then swerved across the interstate, through the median, and into oncoming traffic where it crashed into Vickie Taylor's SUV, causing it to flip off the road. Taylor was fatally injured and died within minutes.

Medical staff later collected and tested blood and urine samples as part of Richardson's treatment. Investigators subpoenaed the results of these tests, which showed Richardson had a blood alcohol concentration of 0.031 grams per deciliter. Richardson also tested positive for use of cocaine and phencyclidine (PCP), but the tests did not provide a specific amount of cocaine or PCP in Richardson's system. A forensic toxicologist, Carrie Hodges, later explained that cocaine and PCP can be detected in a person's system for up to three days after use.

At trial, the State presented testimony from several witnesses in its case-in-chief, including seven eyewitnesses, emergency responders, and Hodges, Davis, Canaan, Clark, and Hall. The State also submitted several pictures of the crash, Richardson's toxicology report, and documents showing Richardson's license suspension. The State also presented evidence of Richardson's prior DUIs. To avoid presentation of the actual journal entries of judgment, Richardson agreed to the following stipulation, which the prosecutor read to the jury: "Richardson . . . has a prior conviction for driving under the influence of alcohol which occurred in 2014 . . . [and] . . . a prior conviction for operating a vehicle while intoxicated which occurred in 2015." Over Richardson's objection, the district court also incorporated that stipulation into a jury instruction.

The Defendant was found guilty and was sentenced to a presumptive term of 184 months' imprisonment, the district court imposed an additional 72 months and sentenced Richardson to a controlling term of 256 months in prison.

Affirmed.