D, a very jealous man, believed that his wife (W) was having an affair with V. While driving home one day, D saw V in the car next to him and become very angry. D made an obscene gesture at V, and V responded by driving his car very close to the lane in which D’s car was located, causing D to swerve a bit. V then pulled away quickly. D responded by driving quickly after V and forcing him into another lane. V responded by speeding up and forcing D to almost go off the road. V then sped away. D, who by this time was furious, sped after V and crashed into V’s car. Some witnesses say that prior to the crash, D lost control of his vehicle. Other witnesses would testify that D seemed to intentionally ram V’s car.

V’s car overturned as a result of the crash and came to rest in the path of a school bus returning a group of children from a school play. Several of the children were killed when the bus, unable to stop (although going at the legal speed) crashed into V’s car. V was also killed.

Discuss the potential homicide liability of D.

This is a common law jurisdiction with the following relevant statutes:

150. Murder is the unlawful killing of another with malice.

150.1 Murder in the First Degree

Murder is murder in the first degree if committed with premeditation and deliberation or if the actor is engaged in the commission of, or attempt to commit, or flight from a felony.

150.2 Murder in the Second Degree

All other murder is murder in the second degree.

155. Manslaughter is the unlawful killing of a human being without malice.

155.1 Voluntary manslaughter is a killing upon sudden quarrel or heat of passion.

155.2 Involuntary manslaughter is the killing of another by the commission of an unlawful act not a felony or the commission of a lawful act in a grossly negligent manner.

This jurisdiction also has normal traffic laws proscribing speeding, dangerous driving, etc. All are misdemeanors.