People v. Claborn

In People v. Claborn (1964) 224 Cal.App.2d 38, the victim was a deputy sheriff who was on his way to apprehend defendant after receiving a battery complaint. He was driving his car in the opposite direction from defendant's vehicle and signaled with his red stop light for defendant to stop. The defendant, however, continued his course and suddenly, when 75 feet separated the two cars, altered his course, aiming his vehicle directly at the officer's car. Just before a head-on collision between the two vehicles, the officer observed defendant appear to clench his teeth and tighten his grip on the steering wheel. Immediately after the collision, the defendant physically attacked the officer, shouting: "I didn't kill you this way, but I will kill you now." ( Id., 224 Cal.App.2d at p. 41.) After the accident, it was found that 21 feet of locked skid marks were made by the defendant's vehicle. Defendant argued that this proved he had no intention of colliding with the officer's vehicle. The court disagreed, stating: "Defendant during these last moments had made no effort to veer, or change direction so as to avoid the officer's vehicle. Moreover, even though the skid marks did indicate a last moment change of intent (perhaps motivated by realization that in his effort to harm the officer he himself would be injured), guilt for the consequences of the force defendant had set in motion was not thereby absolved." ( Id. at p. 41.) In that case, the automobile was used deliberately as a deadly weapon with intent to injure the officer. The belated and ineffectual application of the brakes did not negate the preexisting intent.