Involuntary Manslaughter Conviction Undone After Bad Jury Charge

An Oklahoma man whose girlfriend was killed after he wrecked his motorcycle with her aboard won his appeal to vacate his involuntary manslaughter conviction Tuesday.

The jury received incomplete instructions on what it means to be “under the combined influence” under Oklahoma law and could have convicted based on a misunderstanding, the US Court of Appeals for the Tenth Circuit said.

Oklahoma defines the under-the-influence element of an impaired driving charge to require that a driver be incapable of safely operating a motor vehicle—merely ingesting a detectable level of intoxicants is insufficient.

When the jury asked whether Danny Kirby could ...