Not Charged/”Turned Down” as a Felony, and Instead Routed to the Phoenix City Court for a Reduced Charged of Misdemeanor Vehicular Manslaughter (Per ARS 28-672.A), and then Reduced to Probation (with Zero actual Days of Jail) | (2 Counts) Felony Vehicular Manslaughter (Dangerous)

State v. Ms. H (DMC No. 18282)

PHOENIX CITY COURT (CASE NO. 5331033)

Ms. H was a High School student who had just finished volleyball practice at her local High School. As she was traveling home, she was making a lefthand turn at 43rd Avenue, and she was the third vehicle in line. The first two vehicles went and made their lefthand turns, and then Ms. H began to turn as the light was cycling from green to yellow. At that time another vehicle came through the intersection at about 45 miles per hour and struck Ms. H. 

The person in the other vehicle was 34 weeks pregnant, and was taken to the hospital. The driver had sustained a brain bleed and a fractured leg. An emergency C-section was done, and one baby was pronounced deceased immediately, and the other baby was transferred to the NICU, and was pronounced deceased later that day. Toxicology reports show that there was methamphetamine in the system of the mother, and of the two deceased babies. 

Ms. H had no substances in her body, and was not impaired. However, the case was routed over to the Maricopa County Attorney’s Office for a decision on Manslaughter charges. Those charges were “Turned Down”, and the case was instead routed to the City of Phoenix for a Misdemeanor Manslaughter pursuant to Arizona Revised Statute 28-672(A). DM Cantor had been retained to help ensure that No Felony Charges would arise. In addition, our firm handled the Defense of the Misdemeanor Manslaughter charge. 

An Accident Reconstruction was conducted, which showed that there was no attempt whatsoever by the other driver to slow down, even though three vehicles were making turns at the lefthand intersection. Ultimately, an offer was extended to Ms. H which included Probation and No Actual Jail time. Had she been charged originally with the 2 Counts of Felony Vehicular Manslaughter, and the fact there were two victims who were in-utero, she could have spent potentially Over 41 Years in Prison. Instead, she was allowed to finish High School and has moved on with her life.