All according to Phoenix police, the driver:
- Fled from a fatal crash that he clearly did not cause — this is a Class 3 Felony 28-663 (the pedestrian “intentionally walked into traffic” after an unrelated altercation/incident of some sort)
- When caught, said he wasn’t their guy… “he denied driving on Indian School Road and hitting the pedestrian”… “saying the damage to his vehicle was caused while he was pulling into the parking lot”.
- By way of explanation the driver “… said he was evading police officers and driving fast because he knew he had been drinking and had a suspended license”.
- Blew a 0.186 BAC in a PBT. Thus the aggravation part of the DUI. One imagines there was then a blood draw. Above 0.15 would qualify for extreme DUI; however due to have an already suspended license bit, he’s looking at aggravated DUI/lic susp, 28-1383, a class 4 felony.
In any event, should be an interesting case to follow from a criminal justice perspective. Though hit-and-run is nominally a serious felony, it is routinely considered “non-dangerous” and nets very little if any incarceration by the justice system… This tends to reward runners who are or might be impaired; and results in very little extra punishment for those who are caught.
UPDATE: he was actually eventually incarcerated for 3 years, see comment below; the perpetrator had a number of previous legal difficulties.
A Phoenix man had a blood-alcohol content nearly 2 1/2 times the legal limit when he struck and killed a pedestrian — who police said intentionally walked into traffic — and then fled the scene, according to court documents released Monday.
Otellos Odelro Gillum, 33, of Phoenix, was arrested in an apartment complex parking lot early Sunday morning shortly after the fatal hit-and-run accident along Indian School Road near 51st Avenue, the documents said. Phoenix police investigators said after the incident that the pedestrian, Reynaldo Gutierrez, 27, had stepped into traffic after an argument with a friend.
After administering a Breathalyzer test, police found that Gillum had a blood-alcohol content of 0.186 percent, which is more than two times the legal limit of 0.08 percent to operate a vehicle, according to the documents. He is expected to face one count each of hit-and-run with death or injury and aggravated DUI, both felonies.
Despite the crash causing significant damage to the front of his vehicle, Gillum fled the scene, according to the documents. Officials spotted a vehicle driving fast and followed it into it parking lot of an apartment complex near 83rd Avenue and Thomas Road.
Officers surrounded Gillum and found that he was showing signs of intoxication, the documents said. A Breathalyzer test was administered after he failed field sobriety tests, and he was arrested, according to the documents.
During an interview with police, he denied driving on Indian School Road and hitting the pedestrian, saying the damage to his vehicle was caused while he was pulling into the parking lot, the documents said. He said he was evading police officers and driving fast because he knew he had been drinking and had a suspended license, they added…