Upon convictions entered pursuant to guilty pleas, Nicholas Mays, the defendant, was sentenced by the Hamilton County Court of Common Pleas to five years’ incarceration for aggravated vehicular homicide. He appealed. The Ohio Court of Appeals affirmed in part and reversed and remanded in part.

Facts

On August 19, 1999, 19-year-old Mays was operating an automobile in which his cousin was a passenger. At approximately 1:45 a.m., they saw a pedestrian, later identified as Michael Boumer, in a grocery store parking lot. According to Mays, Boumer appeared to be intoxicated. (Investigating officers confirmed that Boumer had consumed some alcohol. However, the record also indicates that Boumer was mentally handicapped.) The two young men decided that they would “mess with” Boumer by appearing to offer him a ride. Mays intended to nudge Boumer with the vehicle and then drive away.....

1. How does the Ohio statute define “vehicular homicide”?

2. Relying on the evidence in the case and referring to the Ohio provision, explain why Nicholas Mays was guilty of aggravated vehicular homicide.

3. How would you define “vehicular homicide”? Defend your definition.

4. Do you agree with the majority opinion’s reasons for reversing the sentence? Or do the dissent and the trial court have the better arguments? Back up your answer.