The State of Washington v. Michael Roggenkamp, Petitioner the State of Washington v. Jason Ray Clark

Summary

In consolidated review, the Washington Supreme Court held that "in a reckless manner" as used in the vehicular homicide and vehicular assault statutes means operating a vehicle in a "rash or heedless manner, indifferent to the consequences," and does not import the reckless driving statute's "willful or wanton disregard for the safety of persons or property" definition, reasoning from noscitur a sociis, the anti-surplusage and different-words canons, the statutes' three-alternative structure, and legislative history showing legislative acquiescence. The court also held that Clark did not waive his challenge to the jury instruction, because misinstruction on an element of a charged crime is constitutional error that may be raised for the first time on appeal, and that the other driver's conduct in Roggenkamp was at most a concurring cause, not a superseding cause, of the collision. It affirmed the Court of Appeals in both cases. Justice Sanders dissented, and Justice Chambers concurred in the dissent, contending that RCW 46.98.020's in pari materia command and the 1965 repeal of the limiting phrase require the "willful or wanton disregard" definition and that the instructional errors were not harmless beyond a reasonable doubt.