April 16, 2018
charging the defendant with the crime of negligent homicide
with a commercial motor vehicle, brought to the Superior
Court in the judicial district of New London at Norwich,
geographical area number twenty-one, and tried to the jury
before A. Hadden, J.; verdict and judgment
of guilty, from which the defendant appealed to this court.
F. Geida, for the appellant (defendant).
Timothy J. Sugrue, assistant state's attorney, with whom,
on the brief, were Michael L. Regan, state's attorney,
and Thomas M. DeLillo, senior assistant state's attorney,
for the appellee (state).
DiPentima, C. J., and Sheldon and Harper, Js.
defendant, Lin Qi Si, appeals from the judgment of
conviction, rendered against him after a jury trial, on the
charge of negligent homicide with a commercial motor vehicle
in violation of General Statutes § 14-222a
The defendant was tried on that charge under a long form
information dated August 16, 2016, in which the state alleged
that on December 5, 2012, he negligently operated a
commercial motor vehicle at the intersection of Sandy Desert
Road and Trading Cove Road on the premises of the Mohegan Sun
Casino (casino) in Montville, and thereby caused the death of
the decedent, Pui Ying Tam Li. On appeal, the defendant
claims that the trial court erred by (1) failing to instruct
the jury properly on the essential element of causation and
(2) providing the jury with a copy of the jury charge during
deliberations. We affirm the judgment of the trial court.
jury reasonably could have found the following facts. On
December 5, 2012, the defendant was working as a bus driver
for the Travel Sun Bus Company. At approximately 12:15 p.m.
on that day, he departed from Boston, Massachusetts with at
least forty passengers and traveled to the casino in
Montville, Connecticut. At or about 2:52 p.m., after dropping
his passengers off at the casino and driving out of the bus
parking lot, he stopped in the southbound lane of Trading
Cove Road at a traffic light controlling its intersection
with Sandy Desert Road. As Sandy Desert Road enters the
intersection from the east, it has three westbound lanes and
one large eastbound lane. The intersection is situated
between the casino employee parking lot to the northwest and
the Eagleview Employment Center to the southeast, where
shuttle buses transport employees to and from the casino.
While he was stopped at the light, the defendant saw the
decedent and her coworker, Tung Lun Hom, cross Trading Cove
Road in an easterly direction in the crosswalk directly in
front of his bus. The two continued walking to the sidewalk
on the corner to the defendant's left, then turned right
toward the start of the southbound crosswalk across Sandy
Desert Road. Before entering the crosswalk, Hom looked at the
traffic light to his right, which controlled westbound
traffic stopped on Sandy Desert Road, and saw that it was
red. He did not look, however, at the signal on the southeast
corner of the intersection controlling pedestrian traffic on
the crosswalk itself. When he did not see any vehicles
coming, he entered the crosswalk and began to cross Sandy
Desert Road with the decedent close behind him.
the defendant's traffic light on Trading Cove Road turned
green. He looked left, right, and then back at the traffic
light before him, and began to make a legal left turn into
the eastbound lane of Sandy Desert Road. At the same time,
Hom and the decedent had walked southbound in the crosswalk,
almost all the way across Sandy Desert Road, when Hom noticed
the bus suddenly approaching them from behind. He immediately
ran but fell down, and thus did not see what happened to the
decedent. While making his turn, the defendant hit the
decedent with his bus; she later died of
‘‘multiple blunt traumatic injuries.''
The defendant did not see the decedent until the moment the
bus struck her.
second eyewitness, Charles Trolan, was stopped at the traffic
light at the same intersection on Sandy Desert Road, facing
westbound in the lane closest to the center of the road. The
decedent and Hom walked in front of his car as they crossed
Sandy Desert Road in a southerly direction. Trolan saw the
decedent fall to the ground but did not see what happened to
her before she fell because he was looking past her, down the
street to his left, for a parking spot. Because the decedent
fell to Trolan's left, he reasoned that she was more than
halfway across the street when the bus hit her.
surveillance camera at the Eagleview Employment Center, on
the southeast corner of the intersection, captured part of
the incident on video. Hom and the decedent can be seen in
the video crossing in front of the defendant's bus as it
stood at the light on Trading Cove Road just seconds before
the impact. No vehicles, other than the defendant's bus,
drove through the intersection after they began to cross
Trading Cove Road. A ‘‘brown patch''
obscured part of the camera's view, so the video does not
clearly show where they were located in the roadway when the
defendant's bus began to turn, nor does it show where
they were when the decedent was struck by the bus.
Photographs of the scene reveal that after the impact, the
bus came to a stop straddling the crosswalk in the eastbound
lane of Sandy Desert Road. The beginning of a skid mark just
behind the bus is also visible in the photographs.
State Trooper James Foley, an expert in accident
reconstruction, went to the scene at about 4:30 p.m. on the
day of the accident to gather physical evidence, create a
diagram of the scene, and ascertain the timing sequence of
the pedestrian crosswalk signal. Based on the video, the
location of the bus when it stopped, and the skid mark, he
opined that the decedent was hit while she was in the
crosswalk on the far side of Sandy Desert Road from where she
had begun to cross it. The photographs also show the
decedent's clothing, which had been cut away to
facilitate emergency medical treatment at the place where she
fell, lying in the roadway in front and to the right of the
bus where it came to rest. Foley's original diagram of
the scene was drawn to scale; however, the key on the diagram
that indicates distances was enlarged after the diagram was
created, so he could not be sure that using the diagram to
calculate distances would lead to accurate results.
Trooper Jeffrey Rogers, the lead investigator on the case,
determined that the pedestrian crosswalk signal controlling
the crosswalk on the east side of the intersection was either
flashing red or solid red when the decedent began to cross
Sandy Desert Road at that location; either signal would have
indicated to a pedestrian in the decedent's location that
it was unsafe to cross the road at that time and place. An
inspection of the bus ...