Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
The Supreme Court of Delaware has upheld the conviction of Joseph M. Taye in the death of Delaware City firefighter Michelle Smith. Taye was convicted of murder and sentenced to life in prison for the December 20, 2008 accident.
Smith drove an ambulance to the scene of a prior motorcycle accident, and was attending to the injured motorcyclist at the time she was struck. Taye, a parapalegic who was using a long thin pole to operate the pedals of his vehicle, was returning home from a strip club and was speeding and tailgating the time of the crash. He fled the scene with the help of an accomplice.
Taye was charged with first degree murder based on the fact that he was (1) driving recklessly, and (2) killed a “firefighter” in the performance of her duties. Ordinarily, recklessly causing the death of another person constitutes involuntary manslaughter, but under Delaware law that charge can be increased to murder when the victim is a police or firefighter.
Taye’s attorney did not deny that he was responsible for the accident, but alleged he was merely negligent, not reckless in causing the crash. They also alleged that Smith was acting as an EMT at the time of the accident, not a firefighter.
Taye was convicted of murder by a jury, and appealed the verdict on the grounds that Smith was not a “firefighter” because she was working on an ambulance at the time.
The Delaware Supreme Court dispensed with Taye’s arguments in very short order concluding there was ample evidence in the record of the case for the trial judge to conclude Smith was a firefighter. Here is a copy of the decision. State v. Taye
In 2009, the Delaware legislature enacted Michelle Smith’s Law that extended coverage of the murder charges to adds paramedics, EMTs, fire marshals, and police officers to those expressly covered by the law. Previously the law only mentioned law enforcement officers, corrections employees or firefighters.
The statute now reads:
§ 636. Murder in the first degree; class A felony.
(a) A person is guilty of murder in the first degree when:
(4) The person recklessly causes the death of a law-enforcement officer, corrections employee, fire fighter, paramedic, emergency medical technician, fire marshal or fire police officer while such officer is in the lawful performance of duties;
