## Facts

- After 7 p.m. on March 23, 1992, a car on State Highway 1 in Half Moon Bay struck a horse running loose on the highway.
- Passenger Viola Scheutrum (age 76) died when the collision crushed the roof of the passenger compartment.
- The collision occurred directly in front of Sea Horse Ranch’s main driveway on a poorly lit stretch of highway with no streetlights.
- A responding officer saw at least eight horses running on the highway at a trot to a gallop; due to their dark coloring, they were difficult to see without emergency strobe lights.
- Preliminary hearing evidence indicated the corral fencing was severely deteriorated (rotting posts and broken boards), making escape easy.
- The Ranch lacked a perimeter fence separating its property from Highway 1.
- Horses had escaped to the highway on multiple prior occasions; witnesses described escapes as frequent.
- Arbis “Al” Shipley, the Ranch’s president, had notice of prior escapes, including a prior citation relating to horses loose on the highway.

## Issues

1. Whether the preliminary hearing evidence established probable cause to hold the Ranch and Shipley to answer for involuntary manslaughter based on criminal negligence.
2. Whether a horse that escapes and causes a fatal collision qualifies as a “mischievous animal” under Penal Code § 399, supporting a charge for willfully suffering such an animal to go at large.

## Decision

- The Court of Appeal denied writ relief as to the involuntary manslaughter count, concluding the evidence supported probable cause based on criminal negligence.
- The Court of Appeal granted writ relief as to the Penal Code § 399 count, holding a horse is not a “mischievous animal” within the statute absent proof of inherently dangerous or specially vicious propensities, and ordered that count dismissed.

## Legal Principles

- Criminal negligence for involuntary manslaughter may be shown by a gross departure from ordinary care reflecting disregard for human life or indifference to consequences.
- For probable cause at the preliminary stage, the court determines whether the evidence permits a reasonable inference of criminal negligence; it does not decide guilt.
- Recurrent prior incidents and notice of a continuing dangerous condition can support an inference of criminal negligence when corrective measures are not taken.
- A corporate officer’s responsibility for operations affecting public safety can support an inference of knowledge and culpable negligence when unsafe conditions persist.
- Penal Code § 399 is limited to “mischievous” animals understood as inherently dangerous or known to have vicious propensities; ordinary domestic animals do not qualify solely because they are dangerous when loose in a hazardous setting.
- Absent evidence that the animal had special vicious propensities, § 399 does not apply as a matter of law.

## Conclusion

The court allowed prosecution for involuntary manslaughter to proceed because evidence of dilapidated fencing, lack of a barrier to a major highway, frequent prior escapes, and notice to management supported probable cause of criminal negligence, but it ordered dismissal of the Penal Code § 399 count because a horse is not a “mischievous animal” without proof of inherent or specially dangerous propensities.


Sea Horse Ranch, Inc. v. Superior Court, 24 Cal. App. 4th 446, 30 Cal. Rptr. 2d 681 (Ct. App. 1994)