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Category Archives: 79G Manslaughter Victories

NOT CHARGED/REDUCED | FELONY MANSLAUGHTER NOT CHARGED/MISDEMEANOR MANSLAUGHTER REDUCED to PROBATION with 100 HOURS of COMMUNITY SERVICE – State v. Ms. R. (DMC No. 6107) (West Mesa Justice Court CT2006-002295/Salt River Police Department DR2005-06294): Ms. R. had been driving near McKellips & Alma School Road in Mesa, when she made a u-turn. Another vehicle had been coming through the intersection and struck her. The driver of that vehicle died. As police contacted her, she had indicated she had drank 3 ounces of wine several hours prior, and had taken some prescription medication two days earlier. They subsequently had her sign a contract that voluntarily give blood, and we then became involved. We were able to prove with an “accident reconstruction” and blood analysis that she was not impaired, and that the accident was not her fault. The Maricopa County Attorney’s Office declined to file the felony manslaughter charge. She was, however, charged with “misdemeanor manslaughter”. We were able to have that reduced to 100 hours of community service. She was originally facing 7 to 21 years in prison, and ended up with no felony on her record and not having to do jail time.

REDUCED | MISDEMEANOR VEHICULAR MANSLAUGHTER (A.R.S. 28-672) REDUCED to probation with zero days in jail – State v. Mr. R. (DMC No. 10402) (Surprise Municipal Court TR11-00425): Mr. R. made a left hand turn in front of a vehicle that contained two passengers.  A 93 year old woman died due as a result of that collision.  Mr. R. was cited under ARS 28-672 “causing death due to a moving violation”, and faced up to 6 months in jail.  Although witnesses claimed it was Mr. R.’s fault, we were able to show the prosecutor that it may have been the other driver’s fault.  Ultimately, they offered a plea with restitution and 160 hours of community service with no jail time.

Not Guilty / Complete Acquittal at Bench Trial – Vehicular Homicide / Misdemeanor Manslaughter – State v. Ms. K (Oct. 20, 2013) (DMC No. 11498) (Phoenix City Court – 4636123):  Ms. K was traveling with a friend in her vehicle when she was headed south bound on 59thAvenue.  She began making a left hand turn when a motorcycle zoomed up on the left hand lane headed north bound, and had struck the back quarter panel of her vehicle. The motorcyclist died on the scene. Ms. K was then investigated and charged with Vehicular Homicide/Misdemeanor Manslaughter per Arizona Revised Statute ARS 28-672 (A4).  We became involved in the case, and we interviewed the numerous Officers and civilian witnesses who were involved.

The key witness was a driver of a construction truck who was headed north bound in the middle lane.  He had dark tinted windows and a large vehicle.  He stated that the victim was on his motorcycle following him at approximately 45 miles per hour.  He stated that just prior to the intersection where the collision occurred, the motorcycle snapped into the left lane, and “opened it up” to 70 miles per hour.  This was occurring right as Ms. K was making her left hand turn.

At Bench Trial, we introduced evidence that Ms. K’s view was blocked by the truck.  This was confirmed by the truck driver.  In addition, we were able to show that the victim in the case was driving recklessly on his motorcycle, and he was a major causation of the accident. The Judge agreed and Acquitted Ms. K on all criminal charges.

REDUCED | Vehicular Manslaughter and Aggravated Assault Ms. C was accused of traveling 80 miles per hour in a 55 mile per hour zone with barbiturates in her system when an accident occurred taking the lives of two people and injuring three others. We were able to show that there was a faulty drug analysis and were not barbiturates in her system. In addition, by performing an accident reconstruction, along with analyzing the “black box” (data recorder) in her vehicle, we proved that her speed was not 80 miles per hour. After numerous plea negotiations we finally obtained a plea for Negligent Homicide, which involved probation and two years of jail (with work release). Her original exposure was as high as 42 years in prison.

Maricopa County Superior Court No. CR2004-014836

NOT CHARGED | VEHICULAR MANSLAUGHTER – In 2004, Mr. P passed out while behind the wheel of his car, subsequently jumping a curb, striking and killing a 15-year-old boy walking home from high-school. In this high-profile case we were able to show that Mr. P blood sugar-level was at dangerously low levels at the time of the accident. In addition, we demonstrated that he had lost 105 pounds in the previous 120 days on the Atkins diet and that he was not under the influence of an Ambien sleeping pill which he had taken the night before.

Court – Mesa Police Department

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