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 59^thAvenue.  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.