Not Charged as a Felony, and Instead Routed to Justice Court for a Reduced Charge of Misdemeanor Vehicular Manslaughter, and then Completely Dismissed | Felony Vehicular Manslaughter (Dangerous), and (2 counts) Felony Vehicular Aggravated Assault (Dangerous)
State v. Mr. S (DMC No. 16586)
BAGDAD/YARNELL JUSTICE COURT (CASE NO. TR2020-000225)
Mr. S was traveling with his wife from California into Arizona near Kingman. It was approximately 11:45 in the morning when he was driving, and according to witnesses, he began to drift across the center median and struck another vehicle head-on. Neither he nor the other vehicle had applied their brakes. It also appeared that both vehicles were travelling within the speed limit of 65 miles per hour at the time.
After the collision, a car that was travelling behind them swerved off the roadway and also sustained damage. When the Police arrived, Mr. S was on the roadway with a head laceration and was unconscious. One of the other drivers was deceased, two other passengers had serious injuries and were taken to the hospital.
When the Police went to the hospital, Mr. S stated he could not remember anything that happened in the accident. The Officer stated they did not observe any signs or symptoms of alcohol or drug impairment by Mr. S. Subsequent blood tests also showed he had no alcohol or drugs in his system.
DM Cantor was then retained in order to defend any potential charges. The case was reviewed by the Mojave County Attorney’s Office, and were able to have them “Turn Down” potential Felony Manslaughter and Felony Aggravated Assault charges. However, they did route the case to the Bagdad/Yarnell Justice Court for charge of Misdemeanor Manslaughter.
We were able to work with the Justice Court Prosecutor to show there was No Impairment, and No Volitional Act (such as trying to pass another vehicle at a high rate of speed.) Since there was no proof of any recklessness, this appeared to either be caused due to a medical issue, or something else which was responsible for Mr. S becoming unconscious. Ultimately, the charge was Completely Dismissed Due to No Volitional Act. Initially, if Mr. S had been charged with Felony Manslaughter and 2 Counts of Felony Aggravated Assault, his maximum exposure in Prison could have been 51 years. Instead, he is free and has No Criminal Record.
