Not Charged as a Felony, and Instead Routed to Peoria City Court for a Reduced Misdemeanor Charges, and then Reduced to Probation (with 24 Days in Jail) | Felony Vehicular Manslaughter (Involving the Death of an 11-Year-Old Girl)
State v. Ms. S (DMC No. 15293)
PEORIA CITY COURT (CASE NO. CM2017-000770)
Ms. S was driving in late December at approximately 6 o’clock at night (when it was dusk), in her Ford F150 pickup truck near the location of 87th Avenue and Deer Valley Road. She was travelling approximately 55 miles per hour in a 30 mile per hour zone, and failed to stop for a posted stop sign. She went through the intersection and struck another vehicle that was travelling 45 miles per hour on a straightaway.
The other vehicle had two adults and five children as passengers. Six of the people had to be transported to the hospital, and unfortunately an 11-year-old passenger died. The Police investigated Ms. S and found no evidence of alcohol or drug impairment.
DM Cantor became involved in the defense, and through a Weather Reconstruction Report we were able to show that on the date and time, the sun positioning made it very hard to see the stop sign. We were also able to show that the stop sign was too low, and not in compliance with Arizona Department of Transportation standards. In addition, we put together a Mitigation Package that included the fact that Ms. S had no prior criminal history, had a good driving record, and we secured letters and interviews from numerous people regarding her good character. We were then able to convince the Maricopa County Attorney’s Office to issue a “Turn Down,” and not charge this case as a Felony Manslaughter. They instead Routed it to the City of Peoria for Misdemeanor Vehicular Manslaughter (per ARS 28-672A), 4 Counts of Misdemeanor Endangerment, and 1 Count of Misdemeanor Reckless Driving.
After conducting a Settlement Conference with the City of Peoria Prosecutors, in which we showed all of our Mitigation, we were able to secure an offer that included Probation and 24 days in Jail. If Ms. S had originally been charged with 5 Felonies, her ultimate exposure would be decades in Prison. Instead, she is a free woman today.
