Tucson area motorist killed in head-on; driver arrested

Ann Day was killed in a headon crash with a suspected impaired driver, ~ 8AM, May 7, 2016. Day was traveling eastbound on Ina Road near the Westward Look Resort,  near Tucson (Pima County)

Arrest made in death of Sandra Day O’Connor’s sister

A Tucson man has been arrested on suspicion of manslaughter and driving under the influence in connection with a crash that killed Ann Day, a former state senator and former Pima County supervisor, the Pima County Sheriff’s Department said… Shortly before 8 a.m. Saturday, Barnes’ vehicle jumped a median and collided head on with a vehicle driven by Day, officials said… A truck following behind Day was unable to maneuver around the collision and rear-ended her car, he said.

Nanos said witnesses had seen Barnes driving in excess of 80 mph and “bouncing off of the curbs,” just before the crash. Subsequent statements Barnes made to authorities led them to believe he was under the influence of drugs and, as a result, he was given a toxicology screen, Nanos said.

 

…Day was about a mile away from home when she was killed, Alan Day said. She was returning home from a morning workout at a nearby gym.

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Stupid things people won’t say

Becasue the victim was a motorist, here are some stupid things people won’t say

Dead Right: The victim had every right to be on that road, now she is dead right.

Cars and Trucks just don’t mix: Said it before, say it again, cars and trucks just don’t mix. (the victim was rammed from behind after the head-on by a presumably heavier truck). It’s just simply physics. The truck always wins.

Exercise: Public roads are no place for exercise. Just sayin’. If the victim wasn’t driving from the gym, she’d be alive today.

Criminal Case

This apparently went to trial.

Man guilty in road death of Sandra Day O’Connor’s sister
TUCSON — A Tucson man has been convicted of negligent homicide in a 2016 car crash that killed the younger sister of former U.S. Supreme Court Justice Sandra Day O’Connor.
Jurors on Wednesday also convicted Jarrad Barnes of criminal damage, endangerment, driving with an illegal drug and possession of marijuana.
He was acquitted of manslaughter and driving under the influence…
Barnes is scheduled to be sentenced May 14.

There were no further details on the trial. Neg Hom is a “lesser included charge” of manslaughter. That along with the acquitally on DUI implies the jury didn’t believe the prosecutor was able to prove the defendant was in fact impaired. See degrees of homicide in Arizona.

The definitions of Manslaughter vs. Negligent Homicide are nearly identical but somewhere along the line — and longstanding — prosecutors have convinced juries that Manslaughter requires proof of impairment; though the law doesn’t say that anywhere.

Negligent Homicide is a minor felony.

Sentencing should be interesting.

The Case number is CR20162169 searchable thru Pima County Superior Court’s clerk page.

A (new, another)  jury trial is set for 5/8 to determine aggravating factors (this procedure seems odd, in other cases, the trial jury considers aggravating factors after returning a guilty verdict); this will determine whether or not the crimes are “dangerous”, and figure into sentencing which is scheduled for 5/14. Then, on 5/7 the court granted Defendant’s Request for Stay of Proceedings; at the time of this writing (5/25/2018) that is last minute entry