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State v. Mr. W (DMC No. 6723)

NOT CHARGED | VEHICULAR MANSLAUGHTER NOT CHARGED – State v. Mr. W. (DMC No. 6723) (Navajo County DPS DR2006-026637): Mr. W. owned a logging truck company, and was running loads of lumber in the Pinetop Lakeside area.   He was returning with a load of lumber at dusk, when he saw an accident scene to the side of the road.  Roughly 10 miles down the road, he was stopped by police who asked him questions of whether he could have struck somebody in the roadway without knowing it. Subsequently, a search warrant was issued and his truck was seized.

We were able to intercept the case and convinced the Detective that charges should not be filed against Mr. W.  Due to the autopsy records, the alleged victim, a Native American man with a .199 BAC, apparently was laying in the roadway.  Due to the height of Mr. W.’s truck, and the position of his lights, if he did strike and cause the death of the alleged victim, he was not at fault.  We eventually convinced the Detective to not file charges and release Mr. W.’s truck back to his possession.

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