South Carolina v. Simms
Annotate this CaseThis case arose from the death of Martin Gasque after a 2010 University of South Carolina football game against the University of Alabama. Both Appellant Curtis Simms and the victim tailgated near the stadium during the football game, and both were intoxicated as they left the area. Appellant, wearing an Alabama jersey, left the tailgate with friends, riding as the front-seat passenger in a green truck driven by a friend. As they attempted to exit the tailgate parking lot, the victim, a South Carolina fan, was the front-seat passenger in a black truck driven by his friend, and was boisterously engaging South Carolina fans through his open window. The two trucks and passengers crossed paths when the black truck blocked the green truck from exiting the parking lot. Appellant exited the green truck and approached the black truck's passenger side, where the victim was sitting. Appellant punched the victim once while he was seated in the truck, and then hit the victim four or five more times as he exited the black truck. The victim was knocked unconscious, and fell into the roadway parallel to the truck on the white line comprising the edge of the lane of traffic. After the victim hit the ground, the victim's friend began pulling his truck forward to the right in order to move the truck onto the shoulder and out of the roadway. As he did so, he unknowingly began to slowly roll over the victim between his legs, then over his groin, his abdomen, his chest, and finally, his head. Appellant yelled at the black-truck-driver to stop, and banged on the truck with his fists, but this only caused the driver to accelerate. The victim died at the scene after suffering a life-threatening hinge fracture. Appellant was charged with both aggravated breach of the peach and involuntary manslaughter. The jury returned a verdict of not guilty on the involuntary manslaughter charge, but found Appellant guilty of aggravated breach of the peace. The trial court sentenced Appellant to ten years' imprisonment, suspended upon the service of five years' imprisonment and three years' probation, but later reduced Appellant's sentence to ten years' imprisonment suspended upon the service of three years' imprisonment, plus three years' probation. Appellant argued on appeal of his conviction and sentence that: (1) the trial court erred in refusing to direct a verdict of acquittal with respect to the breach of the peace charge; (2) the trial court imposed an illegal sentence; and (2) the trial court erred in refusing to admit certain eyewitness testimony. Finding no reversible error, the Supreme Court affirmed.
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