In my exploration of cases, I came across this really disturbing case. What can someone do to provoke this type of reaction?
People v Stewart, 2009 NY Slip Op 09551 (3d Dept. 2009)
“While the victim, his friend and defendant were standing in line at a gas station, a petty argument arose. Rather than let it go, defendant drove his car into the victim, knocking him to the ground. Defendant then backed up and accelerated his car so the front tires drove over the victim. The victim was wedged underneath the car as defendant spun and smoked the tires, finally propelling the back tires over the victim. Defendant then drove away, leaving the victim lying in the parking lot with scrapes and burns over a large portion of his body, his hand.
Following a trial, the jury found defendant guilty of attempted murder in the second degree, assault in the first degree and aggravated unlicensed operation of a motor vehicle in the second degree. County Court sentenced him to an aggregate term of 25 years in prison with five years of postrelease supervision. Defendant appeals.
The verdict was supported by legally sufficient evidence and is not against the weight of [*2]the evidence. For the attempted murder and assault charges, the testimony of the victim, his friend and two clerks from the gas station described defendant’s actions in hitting the victim with his car, then backing up only to accelerate and run over him. A doctor testified concerning the victim’s injuries, including the near amputation of his hand, the resulting blood loss and the permanent loss of normal use and function of the hand. Defendant’s intent can be inferred from the quarrel he had with the victim and his friend immediately prior to getting into his car, along with his actions in backing up and then accelerating over the victim after he was already on the ground.”
Finally, about the non-parolable sentence: “Considering defendant’s callous disregard for the victim’s life, criminal history (including 12 convictions in New York and convictions in two other states), lack of remorse and refusal to accept responsibility for his actions, County Court’s sentence was not unduly harsh or excessive (see People v Rollins, 51 AD3d 1279, 1282-1283 [2008], lvs denied 11 NY3d 922, 930 [2009]).”
