Proof of reckless intent is sufficient to support conviction for assault resulting in serious bodily injury

SUFFICIENCY OF EVIDENCE United States v. Zunie, No. 04-2256, ___ F.3d ___ (10th Cir. Apr. 19, 2006)(New Mexico). Appeal of conviction for assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 113(a)(6) and 1153. HELD: Finding of recklessness, purpose, or knowledge establishes requisite culpable mens rea sufficient to support conviction for assault resulting in serious bodily injury in violation of 18 U.S.C. §§ 113(a)(6) and 1153. Therefore, because evidence showed that (1) defendant drove truck while intoxicated; (2) exceeded speed limit by over 25 mph; (3) drove so erratically he forced other vehicles off road; (4) crossed center line into opposite lane of traffic; and (5) struck victim’s vehicle despite driver’s attempt to avoid collision, evidence was sufficient to support conviction based on intent element of recklessness. Read the opinion here.