Oft-delayed Foshee Trial to begin

The manslaughter trial stemming from an incident where a cyclist was killed in August of 2009 is actually going to trial 1/30/2012 after many delays — yes, that was almost two and half years ago!

My correspondent told me that jury selection did begin on Monday.

According to police, issued to the media, at the time:

• A WB driver crossed over into the EB lane and collided head-on and killed Russell Jenkins
• “The rider…  had a working headlight on his bike”
• “The surviving cyclists … reported that Foshee had a strong odor of alcohol”
• “The driver fled the scene, but the Maricopa County Sheriff’s Office Traffic Unit later arrested Gary Foshe [Foshee], 53″
• “two deputies reported that Foshee had a strong odor of alcohol and several signs of intoxication”

The defendant’s prior DUI conviction, as well as his blood test results are likely to be key factors. On the other hand, the issue of the victim’s posthumous blood test results is, from what i can tell, irrelevant because it did not affect the crash in any way.

Much more background here and here.

Foshee Trial delayed again again again

Some background information and media reports about the incident which occurred 8/15/2009: Queen Creek hit-and-run; driver arrested Read the rest of this entry »

Christmas Eve ’07 crash trial, verdict: guilty

This has been a long and arduous journey legal journey.  The human and societal costs are staggering.

For starters, one victim, a motorist, dead. A number of injured motorists. The suspect, locked up since the crash on December 24, 2007.

Christopher Lee Smith, 32 years old, stands accused of DUI and manslaughter in a wrong-way, head-on collision on Pecos Road near 14th Street in Phoenix, AZ.

According to the Ahwatukee Foothills news story; “At the time of the crash, Smith was on probation for a previous misdemeanor DUI…”

Superior Court case number CR2008-102616 or search on supremecourt.az.gov

The “Sleep Driving” defense?

The so-called “sleep driving” defense may be employed, see e.g. this minute entry “Defense expert witness re sleep driving is discussed”

Trial delayed again due to a death in one of the victim’s family. The AFN is reporting (Oct 30, 2009? but i can’t find online) that the defendant has rejected a plea deal (no details given) and trial is scheduled for February 2010. The defendant remains incarcerated.

The Trial and Guilty Verdict

Trial coverage. Verdict, guilty. 2nd Degree Murder, and 3x aggravated assault.

Sleep driving. Sleep driving? SLEEP DRIVING!? What will the defense lawyers think of next? Does this ever really work? “…But defense attorney Charles Shell told the same jury that the tragedy was not his client’s fault because Smith was driving in his sleep and was unaware of what he was doing”, “An expert witness hired by the defense, Dr. Dave Gaither of Illinois, testified that if Smith had gone to sleep first, then he was probably sleep driving and unaware of what he was doing.” Hmm, what kind of doctor? apparently not a physician.

Sentencing

Wrong-way Christmas Eve driver sentenced to 23.5 years in prison. The print edition, which strangely varied from the online version, and was much longer.

“he asked for the minimum 16 years, base upon the fact that Smith was on probation at the time for endangerment stemming from a Tempe incident where he reused to pull over of a police officer, then drove toward the officer requiring him to jump out of the way and later attempted to flee on foot…” “smith also had an extensive juvenile court record and a previous DUI”. “In sentencing Smith, Myers gave him 16 years for the second-degree murder of Vo, and 7.5 years for each of the three aggravated assaults…Myers ordered that the murder time be served first and that the three aggravated  assault terms could run concurrently. Smith plans to appeal the jury’s verdict”. [court minute entry on sentencing]