5 hurt when SUV slams into Glendale Restaurant

photo: abc15.com
photo: abc15.com

5/25/2015, evening. This will be most likely a  so-called “non-traffic” crash because it appears to have begun in the private parking lot — so these injuries don’t “count”. Several serious, including one in critical condition with a head injury, and another with a partially severed leg. All pedestrians who were waiting outside for a table when an SUV driver somehow jumped the sidewalk and rammed into them while parking. Glendale police say they are investigating impairment and a driver’s surgical boot for possible causes.

abc15.com: 5 hurt when SUV slams into Oregano’s in Glendale

Looks like another job for the storefrontcrashexpert.com

 

Arrest and aftermath

According to the police report, the driver had two vodka drinks at a bar before the crash, and two beers right after the crash.

Glendale Police say 58-year-old Frank Kitko Junior was driving under the influence when he drove his sport-utility-vehicle into two people and took out a portion of a wall at the restaurant.

Police say Kitko even admitted he shouldn’t have been behind the wheel. Fox10

Criminal Case

Frank G Kitko, Jr — Maricopa County Superior court CR2015-002647; Case minutes. The case appears to grinding steadily on as of August 2017…

The charge is  §13-1204A2 (F3) AGG ASLT-DEADLY WPN/DANG INST. This would presumably have to sentenced as a “dangerous” offense meaning a conviction would have to mean significant prison time.

Motions by the state indicate allegations of previous felony convictions (possibly out-of-state?) There is another case pending against defendant in MCSC as noted below —

STATE’S ALLEGATION OF PRIOR FELONY CONVICTION PURSUANT TO A.R.S. § 13-703 or A.R.S. § 13-704
NOTE: STATE’S ALLEGATION OF AGGRAVATING CIRCUMSTANCES
NOTE: STATE’S ALLEGATION OF MULTIPLE OFFENSES NOT COMMITTED ON THE SAME OCCASION PURSUANT TO A.R.S. § 13-703 OR A.R.S. § 13-704
NOTE: STATE’S ALLEGATION OF HISTORICAL PRIORS
NOTE: STATE’S ALLEGATION OF HISTORICAL PRIOR CONVICTIONS UPON CONVICTION IN A CURRENTLY PENDING CASE
NOTE: STATE’S ALLEGATION OF FELONY COMMITTED WHILE ON RELEASE/ ENHANCED SENTENCING PURSUANT TO A.R.S § 13-708(D)

There’s a 2014 case still pending (as of June 2016) CR-2014130769 (minutes the minutes for the two cases are somewhat linked together) for Impersonating a Peace Officer, F6 ( the least serious class of felony).

Trial and Sentencing

The defendant was found guilty at trial, sentence was 12 years, the 10/16/2018 sentencing minute notes:

Defendant committed the offense while on release for a felony; accordingly, 2 years of the 12 year sentence shall be flat time pursuant to ARS 13-708(D). The defendant shall have no contact with the victim(s) whatsoever. Defendant shall not return to the scene of the crime. Defendant shall pay restitution for all economic loss to all victims. Defendant shall surrender driver’s license.

The MCAO (Maricopa County Attorney’s Office) was so jazzed up about the verdict they made a youtube about him.

The only newer minutes are his switching counsel to a public defender for an appeal.

Appeal

But wait, there’s a appeal cooking. 1 CA-CR 18-0708 which as of this writing is on the court calendar 26-sept-2019 to be heard. There don’t seem to be any clues availble form Court of Appeals online documents that would say what are the grounds for appeal.

 

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