Background
After an officer stopped Elizabeth Bozard’s vehicle in Madison, Mississippi, because it displayed a “PRIV4T3” plate rather than a state-issued registered tag, Bozard declined to provide identification and said she did not need a driver’s license or tag. Officers directed her not to leave, but she drove away and led officers on a pursuit along Interstate 55 and nearby roads.
The State’s evidence showed that Bozard passed a vehicle on the interstate shoulder, ran a red light after leaving the interstate and forced another car out of the way, and continued after officers deployed spike strips. While attempting to drive between officers’ vehicles after some of her tires had gone flat, she struck Officer Christian Venzen’s vehicle, sending it into the median. A jury convicted Bozard of felony evasion, acquitted her of aggravated assault on a law-enforcement officer, and the circuit court sentenced her to ten years in prison.
The Court’s Holding
The Mississippi Supreme Court affirmed. Reviewing the evidence de novo in the light most favorable to the State, the Court held that a rational jury could find beyond a reasonable doubt that Bozard committed felony evasion under Mississippi Code Section 97-9-72(2).
Although Bozard argued that her conduct established only simple evasion or, at most, gross negligence, the Court concluded that the prolonged pursuit, her refusal to stop despite emergency lights, passing on the shoulder, running a red light, forcing another vehicle aside, striking a police vehicle, and continuing until a third spike strip constituted reckless or willful disregard for the safety of persons or property and could also support a finding of extreme indifference to human life.
Key Takeaways
- Felony evasion may be supported by dangerous driving during a police pursuit even where the driver does not exceed the speed limit.
- The court evaluates sufficiency challenges by viewing the evidence and reasonable inferences in the State’s favor.
- Bozard’s acquittal on aggravated assault did not undermine the evidence supporting her separate felony-evasion conviction.
Why It Matters
The decision applies Section 97-9-72(2)’s felony-evasion standard to a pursuit involving multiple dangerous acts rather than merely a failure to stop. It underscores that the overall course of a chase—including traffic violations, evasive maneuvers, collisions, and persistence after tire-deflation efforts—can establish recklessness sufficient for felony evasion.