News and Events:

2009-06-24
DUI Murder Of MLB Pitcher
Los Angeles pitcher Nick Adenhart and two others died in a drunken driving accident. The man charged with the deaths of these three people h ...

2009-06-24
Cyclist Killed in Suspect DUI Crash
A man from Cape Coral who was involved in an accident that resulted in the death of a bicyclist was arrested Monday.  He could barely stand ...

2009-06-24
Five injured after DUI Crash
An accused drunk driver was responsible for an accident on Highway 5 that resulted in five people being hospitalized Friday night. The su ...

Archive for June, 2009

DUI Murder Of MLB Pitcher

Wednesday, June 24th, 2009

Los Angeles pitcher Nick Adenhart and two others died in a drunken driving accident. The man charged with the deaths of these three people has pleaded not guilty to three counts of murder. Many relatives of the dead and one survivor looked on during his plea.

The offender, a 22-year-old, also pleaded not guilty through his attorney to three other felony charges and one misdemeanor in the April 9 collision that occurred just hours after Adenhart pitched six scoreless innings in his season debut.
The sole survivor of the crash, a 24-year-old, began sobbing as the attorney submitted the non-guilty pleas to the court. The survivor had incurred several critical injuries in the wreck.
The offender wishes to seek a change of venue because he believes his client cannot get a fair trial in Orange County, which is the home of the Angels and California State University and Fullerton.

The offender’s attorney also said there have been death threats against Gallo and himself via the Internet, phone and in a letter.

“I think people are venting and its just evidence of the passion people have in this case. I don’t think it’s a true threat,” he said, noting he had not brought it to the district attorney’s attention.

The Deputy District Attorney disputed the need for moving the case and said the attorney had not told her about the threats.

“We don’t believe that the defendant will be any more prejudiced in this county than in any other county,” said Price, who was flanked by the victims’ family members at a brief news conference outside the courtroom.

The offender faces a mandatory minimum sentence of 45 year to life in prison if convicted of the three second-murder charges. If he is convicted of all charges, he will receive minimum would be 54 years to eight months of life.

Cyclist Killed in Suspect DUI Crash

Wednesday, June 24th, 2009

A man from Cape Coral who was involved in an accident that resulted in the death of a bicyclist was arrested Monday.  He could barely stand before his probation officer who allegedly found drugs in the suspect’s socks.

The family of the dead cyclist is angered by the fact that the suspect continues to find his way out of doing jail time even though he has an extensive history of arrests.

The middle aged cyclist from Cape Coral was killed when he was struck by a Nissan Altima and thrown from his bike, police stated.

Blood and urine samples were taken from the suspect, who was also taken to the hospital for injuries; officials are waiting for the official results of the toxicology report, but suspect that they will contain evidence of alcohol.

“Based on his history and his most recent offense, it’s more likely than not the stat will be seeking jail time if not prison time,” said a local defense attorney who is not connected to the case.  The suspect could be facing up to five years in state prison.

The suspect has a list of nine past offenses that actually include a past DUI charge along with a variety of other charges spanning from child neglect to three different counts of drug possession.  He has served a total of 47 days in jail for his past offenses.

After his arrest on Monday the suspects probation officer said that the suspect was unbalanced and had slurred speech.  The anxiety drug Xanax, which is for prescription only, was found in his sock.

The suspect was the finally charged for first the drug possession charge, secondly violating his probation from a previous drug charge, and thirdly for leaving Lee County without permission.

It is unlikely the suspect will be able to avoid jail time after these charges,  he was denied bail and is in jail awaiting his July 6th court appearance.

Five injured after DUI Crash

Wednesday, June 24th, 2009

An accused drunk driver was responsible for an accident on Highway 5 that resulted in five people being hospitalized Friday night.

The suspect is a man in his early thirties from the town of Turtletown.  He has been charged with DUI and failure to maintain lane.  This was the cause of the two vehicle wreck which was near the intersection of Highway 5 and La Vista Drive.

A report filed by Trooper First Class T.C. Saunders of the Georgia State Patrol stated that the suspect was driving north in a 2008 Kia Sedona minivan, at the same time the victim from Blue Springs, Mississippi was driving southbound in a 2000 Dodge Durango.

As the two vehicles closed in on each other the Kia crossed into the oncoming traffic lane on Hwy 5.  The vehicle came all the way to the shoulder of the southbound lane and then back onto oncoming traffic causing the driver of the Dodge Durango to take evasive action.

The Durango swerved into the northbound lane to avoid the drunk driver, but at the same time the Kia also pulled back into the northbound lane.  The drunk driver of the Kia then struck the rear passenger door of the SUV.

After the impact the Kia minivan was flipped onto its left side and the victims SUV spun counter clockwise and traveled sideways into the ditch.

According to the report the suspect had visible injuries but was not transported to the hospital for treatment.

The driver of the SUV was uninjured, however the five passengers riding in the vehicle were all transported to the Fannin Regional Hospital to treat their injuries.

The Deputy Director of the Fannin County Emergency Management Agency said that two of those victims were then taken to the Erlanger Medical Center in Chattanooga.

DUI Offender Receives 8-Year Sentence

Wednesday, June 24th, 2009

A 68-year-old city woman has received an 8-year prison sentence for her third DUI conviction in less than six years. Her latest offense caused serious injuries to a Stratford construction foreman.

Superior Court Judge Bruce Hudock has ensured the court that this third offense will be this woman’s last. He has sentenced her to fifteen years in prison, suspended after she serves eight years, followed by five years of probation. She was also fined $2000.

The victim, a 47-year-old of Cutspring Road in Stratford, was stopped at a traffic light on Railroad Avenue on June 7, 2008. He was stopped in his truck when he was struck from behind in a car driven by the offender. Her car pushed the victim’s pickup through the intersection, causing it to roll over about 70 feet away. The victim’s head and body were crushed in the wreck and was in a constant coma for over a month.

After coming out of a coma, he decided to take the stand. The victim slowly made his way to the stand and stated:

“I was just sitting at a red light on a Saturday morning and this accident changed my life around,” he said, before he was interrupted by a coughing fit. “Life is now a hardship for me and my family. I wish this woman could spend one day with me to see all my difficulties,” he said. “I say to myself, what did I ever do to deserve this?”

The victim’s wife told the judge her husband’s health insurance is about to run out, and his medical bills have totaled about $500,000.

The offender pleaded guilty to first-degree assault with a motor vehicle and operating under the influence of alcohol as a third offender. Her blood-alcohol level was at 0.23, nearly three times the legal limit.

Manatee County Hit and Run DUI Crash

Wednesday, June 17th, 2009

A Manatee County man left a woman who fell off from the back of his pickup truck.  His excuse was that he did not want to get a DUI.

The fifty-four year-old man was driving his truck with a woman standing in the bed.  The woman then pounded on the cab of the truck to get the drivers attention.  When the man turned around to look he swerved to the left and the woman fell from the back of the truck.  The man told Florida Highway Patrol that he saw the woman fall off.  Instead of stopping the man dropped his son off to check on the woman, and then continued on his way home.

The woman was airlifted to St Petersburg hospital via helicopter where she was admitted with serious injuries.  When state troopers tracked the man down and asked him to explain himself he said he left because he was afraid of getting a charge of driving under the influence of alcohol.

The man was arrested and charged with leaving the scene of an accident.  After paying a $5000 bail the man was released.

Under Florida State Law, if you are to leave the scene of an accident, you may face very serious consequences. These consequences may not only involve your record but also your bank account. According to State Law you may even face jail time depending on the circumstances:

“If you are cited with leaving the scene of an accident in Florida, you can be charged with up to 6 points on your driving record, and even face license suspension, huge fines, and potential jail time depending on the circumstances.”

If the accident involves the injury of another person and driving under the influence, the offender will certainly face serious legal consequences for leaving the scene of an accident but also DUI charges and assault by a vehicle.

Chicago Mother Injures Child in DUI Crash

Wednesday, June 17th, 2009

A woman was charged with driving under the influence of alcohol after she crashed her car while driving in the South Side of Chicago.  A nine year old child, who was in the car, was thrown head first into the windshield of the vehicle.

The accident occurred while the woman was driving on East 83rd and South Jeffery.   She had allegedly bent over removing her eyes from the road to reach for a bottle of alcohol that she had dropped on the floor.

The Chicago Police Department, who is handling the case, has charged the mother with aggravated DUI along with driving while not wearing a seatbelt.

There are still no details regarding the extent of the child’s injuries.

Even though the mother is the one who caused the accident that does not prevent the child, who is a minor, from filing an injury claim against her own mother and her mother’s auto insurance company.  The ability for the child to pursue a claim will be dependent on whether or not the mother had valid auto insurance at the time of the accident.

A similar case is currently being pursued by lawyers at a personal injury and wrongful death firm.  In this case the lawyers represent a father who lost his two daughters in an auto accident.  The girls were killed while driving with their mother.  While driving she crossed the center line and struck another vehicle head on with her minivan.

Even though the mother’s actions are what caused the accident the children’s estates are still entitled to recover damages against the mother’s estate and her insurance company.  Lawyers at the firm fully expect to be able to collect the maximum amount for the children’s estate from the mother’s insurance company.

A similar case will also be built for the child who was injured after his mother crashed her car while reaching for a bottle of alcohol.

Minister Kills Prosecutor in DUI Crash

Wednesday, June 17th, 2009

According to the Kentucky Enquirer, a local news reporting media, a Pentecostal minister is being held on $750,000 bail after being accused in a drunk driving crash that killed a Northern Kentucky prosecutor.

The offender, a forty-year-old of Butler, faces up to twenty years to life in prison if he is found guilty in the death of a man involving driving under the influence for the accident that occurred on June 8th.

The victim had served and offered public defense services for Harrison, Nicholas, Pendleton and Robertson counties for three years. He was also married with two children.

According to authorities, the offender, an independent truck driver and pastor of Uptown Church in Over-the-Rhine, was operating his large vehicle and heading south on U.S. 27 near Butler when he weaved over the center line into the opposite lane and crashed head-on into the victim’s Buick Riviera.

The offender was being held at Hamilton County Justice Center and had decided to not oppose being exiled from Kentucky. He also is charged with driving under the influence. Reports have not yet revealed the offender’s blood alcohol level.

In Kentucky, causing the death of another person while operating a motor vehicle is considered an aggravated factor. Under Kentucky law:

“If any of the aggravating circumstances listed in

subsection (11) of this section are present while the person was operating or in

physical control of a motor vehicle, the mandatory minimum term of

imprisonment shall be four (4) days, which term shall not be suspended,

probated, conditionally discharged, or subject to any other form of early

release.”

The consequences are even more severe for the second offense:

“For the second offense within a five (5) year period, be fined not less than

three hundred fifty dollars ($350) nor more than five hundred dollars ($500)

and shall be imprisoned in the county jail for not less than seven (7) days nor

more than six (6) months and, in addition to fine and imprisonment, may be

sentenced to community labor for not less than ten (10) days nor more than six

(6) months. If any of the aggravating circumstances listed in subsection (11)

of this section are present, the mandatory minimum term of imprisonment

shall be fourteen (14) days, which term shall not be suspended, probated,

conditionally discharged, or subject to any other form of early release.”

“Zero tolerance” Policy for DUI Suspensions

Wednesday, June 17th, 2009

In the state senate, President Richard J. Codey proposed to enforce stricter punishment upon repeat drunken-driving offenders. The impetus for such an initiative has come from a Morris Township crash where a man’s license had been suspended 78 times.

The Senator filed a package of bills in the state Legislature on Monday. These proposals are set to include one that would charge criminals with a fourth-degree crime for driving under the influence while already suspended for a DUI conviction. If enacted the bills would also increase penalties for repeat DUI offenders who have a blood alcohol content of .20 and over (the legal limit is .08) and also those who lend their vehicles to anyone with a  suspended license.

Codey said in a prepared statement that he wanted to send a message to repeat offenders who don’t learn from their mistakes that “we are going to have zero tolerance.”

Codey’s three proposed bills were greeted with enthusiasm by the head of the state chapter of the National Motorists’ Association. Steve Carrellas, the state chapter coordinator, praised the bills for focusing on repeat offenders. But he also said his group has long held that defendants in DUI cases should have an option to jury trials.

In the original accident that encouraged a need for stricter penalties, a 48-year-old man crashed his vehicle while his four-year-old daughter. Supposedly, this man’s license had already been suspended 12 times.

Another accident, involving an East Rutherford man, involved an offender who had 12 suspensions on his license relating to DUI offenses and was also suspended at the time of the crash. He was convicted of assault by auto and driving under the influence (DUI).

“Ideally, we’d like any DUI to go to a jury,” he said, saying he believes that would lead to more acquittals for wrongly charged drivers.

DUI Suspect Dies Just After Arrest

Wednesday, June 10th, 2009

An Arizona woman was arrested and placed in the back of a police cruiser after being pulled over for DUI. After being placed in the police cruiser a second car slammed into the back of the cruiser, causing the cab to become engulfed in flames and kill the woman inside. According to authorities, both vehicles were ignited in flames and started to catch another vehicle on fire.

This is the most recent death in the past decade attributed to a fuel tank rupture in a Ford Motor Co.-made Crown Victoria during a rear-end collision.

According to reports, Lt. James Warriner, an Arizona Department of Public Safety spokesman, said investigators are looking into why the gas tank exploded this time since both Ford Crown Victoria Police Interceptors at the scene were equipped with fire suppression systems that deployed.

The police officer originally stopped the 45-year-old motorist at about 1:15 a.m., arrested her and put her in the back of a cruiser along Interstate 10 northwest of Tucson, Warriner said.

Another vehicle was travelling westbound at about 65 mph and then drifted into the emergency lane and plowed into the back of that vehicle, Warriner said. The cruiser ignited instantly, and the officers were unable to rescue the woman inside because of the intensity and heat of the fire.

The impact pushed the first cruiser’s trunk into its back seat, and rammed the car into the patrol cruiser in front, severely damaging its rear end as well. The second cruiser continued the chain reaction, striking the woman’s parked vehicle.

Fortunately, officers were able to rescue the woman who had been driving the moving car, which had gone over a guard rail and sustained fire and crash damage. Officers said the 28-year-old driver was taken to a hospital with undetermined injuries.

Mistrial for DUI Death

Wednesday, June 10th, 2009

On Friday a mistrial was declared in the retrial of a Poway man who was accused of drinking and driving in a crash that killed a woman in her SUV near the University Town Center.

The 47-year-old man was incarcerated on charges of gross vehicular manslaughter while intoxicated and two DUI counts. The panel voted that the manslaughter charge was 8-4 in favor of guilty, according to the man’s attorney. The jury unitedly agreed that the man had caused the crash, although the negligence was not “gross”.

This is the second mistrial for this DUI offender. Last December, the jury dead locked an 11-1 vote for guilty in terms of charges made against the defendant. A status conference will be held next Wednesday. In this conference, the prosecutors will tell the judge if they intend to try the case a third time.

The original accident occurred on July 13, 2007 at the La Jolla Village Drive and Genesee Ave that took the life of a 28-year-old woman. There were also two other women in the back of the SUV who were also injured in the accident during the night.

The offender is the father of two and faces up to 13 years in prison if he is convicted. According to authorities he ran a red light and was speeding when he struck the SUV with his Acura. His blood-alcohol level was measured at .19 percent - more than twice the legal limit, said prosecutor Jorge Jaramillo.

“We believe the physical evidence and the light timing evidence proves the offender did not speed or run a red light,” Murray said after the second mistrial.