Dale Varner admitted to running over twenty-three-year-old Martin Eason early in the morning on September 22nd, 2012. Varner was dropping his kids off at the babysitter when he said Eason walked into the roadway and started waving his arms.
Varner said he was worried about the safety of himself and the kids and “hit the gas” hoping Eason would move out of the way. The jury found him guilty the of homicide by vehicle, instead of a lesser charge of involuntary manslaughter. He appealed, saying the evidence didn’t support the more serious charge.
The Iowa Court of Appeals ruled the jury had sufficient evidence to convict Varner, and said the court would not substitute its judgment for the jury’s.