A construction supervisor was overseeing work at a construction site in an urban area. Despite repeated warnings from workers about the fragile conditions of a platform being used for heavy machinery, the supervisor, anxious to avoid costly project delays, ordered its continued use. The supervisor thought the platform would probably hold but consciously disregarded the substantial and unjustifiable risk that it could collapse. The platform eventually collapsed, causing equipment to fall and strike several pedestrians on a nearby sidewalk, killing one of them. What is the most appropriate charge that could arise from this situation?
Civil liability for wrongful death
Reckless homicide
Involuntary manslaughter due to criminal negligence
The correct charge is reckless homicide (a form of involuntary manslaughter). Recklessness, under the Model Penal Code, is established when a person consciously disregards a substantial and unjustifiable risk that their conduct will cause a prohibited result. The supervisor received 'repeated warnings' and understood the risk but proceeded anyway, which demonstrates a conscious disregard for a known risk to human life.
Involuntary manslaughter based on criminal negligence would be less appropriate because negligence involves a failure to perceive a risk that a reasonable person would have perceived. Here, the supervisor was made aware of the risk and ignored it. Felony murder is not applicable because the death did not occur during the commission of an inherently dangerous felony. Civil liability for wrongful death is a potential civil claim, not a criminal charge.
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