Posts Tagged ‘DUI Manslaughter’

Was Brain Trauma The Cause of Marine’s Deadly Wreck?

Friday, September 23rd, 2011

It seemed like an open-and-shut DUI manslaughter case. Officers said Scott S. drove the wrong way down a Tampa interstate in April of 2010 and plowed head-on into another car, killing the other driver. According to court records, Scott’s blood-alcohol level was more than three times Florida’s legal limit.

But as the case unfolded, so did the unusual circumstances of Scott’s life. He was a Marine captain who had earned three Purple Hearts for injuries and the Bronze Star for heroism in Afghanistan and Iraq. He had nearly died from blood loss, suffered severe head trauma and once dug a mass grave for Iraqi civilians.

It’s these mental scars of combat, his lawyer says, that are to blame for the accident. Brain damage and post-traumatic stress disorder caused Scott to blackout in a dissociative episode the night of the crash, said Scott’s defense attorney. Scott has pleaded not guilty, and his attorney will offer an insanity defense at trial.

The other driver, Pedro R., left behind a wife, two children and three stepchildren. His widow is broken-hearted and believes the military deserves some blame for the accident for not treating the Scott’s disorder.

Remarkably, those sentiments are echoed by Marine Corps investigators who examined the case and wrote an 860-page report with recommendations for top brass. The report says the corps should be more thorough in evaluating and treating post-traumatic stress disorder, especially in Marines with brain injuries.

“This investigation reveals a disturbing vulnerability in the support we provide our combat veterans suffering the invisible wounds of PTSD,” wrote Col. John P. Crook of the U.S. Marine Corps Reserve, in a Sept. 26, 2010 letter. “It is folly to expect a wounded mind to diagnose itself, yet our Marines still depend on an anemic system of self-diagnosis and self-reporting.”

Prosecutors won’t comment about the case. Scott is in a Tampa jail’s psychiatric ward awaiting trial.

In a call to his father after the crash, he said he wished he’d died in combat.

“I don’t know why I wasn’t killed any of the times I was wounded,” Sam Scott quoted his son as saying. “I wish I had been.

“At least it would have been honorable. And an innocent man wouldn’t be dead.”

Scott Scott was born and raised near Mobile, Ala. His desire was to be a fighter pilot, but he discovered during officer candidate school that he couldn’t fly planes because of a blood pressure problem.

Still, after the Sept. 11 attacks, he decided to continue in the Marines. What followed was a battle-scarred career, as detailed in the Marines’ investigative report.
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Defendant in Manlsaughter Trial Says Blind Woman Was Driving

Wednesday, May 18th, 2011

John Doe contends he wasn’t at the wheel of the bright red custom motorcycle when it went off the road, hit a fence and ended up in a tree — leaving a woman dead.

The Plant City man’s attorney said no one could disprove that the victim, Angela F., was driving.

But prosecutors told jurors that was doubtful because Angela was blind.

The competing claims came in opening statements Tuesday as Doe, 49, went to trial on charges of driving under the influence-manslaughter, manslaughter and DUI.

Authorities said Doe’s blood-alcohol level was 0.099 percent hours after the wreck. Florida law presumes impairment at 0.08 percent.

Testimony showed Doe and Angela met at the Finish Line Saloon, 5402 W. U.S. 92, on the night of Sept. 24, 2008.
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DUI Manslaughter Suspect Found 5 Months After Crash

Wednesday, April 27th, 2011

A man charged with crashing into another car while drunk and killing a woman inside was located in Gainesville Thursday after five months as a fugitive, authorities said.

John Doe was driving south on U.S. 301 near the intersection of University Parkway in November when he ran a red light and struck three cars, FHP said.

Pamila Y., an occupant of one of the cars, was killed, while two other occupants suffered serious injuries. Her children drove by the crash scene, unaware.

Doe was charged with DUI manslaughter, DUI with personal injury and DUI with property damage.

Looking for a Sarasota DUI lawyer? If so, call 941-916-3627 to schedule a free legal consultation with a defense lawyer at Musca Law now.

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Florida Man Sentenced to 15 Years for DUI Manslaughter

Wednesday, March 23rd, 2011

A Florida man has been sentenced to 15 years in prison for a DUI crash that left two passengers dead.

A Leon County judge sentenced John Doe on Tuesday. He was convicted in January of two counts of DUI manslaughter. Doe will also serve five years of probation and permanently lose his driving privileges.

Authorities say Lacy Albert Murray III and Kelley Sue Fail were passengers in Doe’s truck when he crashed into a tree in January 2009. Murray and Fail both died from their injuries.

Toxicology reports showed Doe’s blood alcohol content was 0.171 percent. Florida law considers a driver impaired at 0.08.

If you’ve been charged with DUI manslaughter or other drunk driving crime in Sarasota, you should seek legal representation ASAP. For a free consultation with a Sarasota DUI attorney at our firm, call 941-916-3627 now. If anyone can help you avoid being convicted, it’s us.

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Nokomis Man Sentenced to 60 Years for DUI Manslaughter

Tuesday, March 8th, 2011

A truck driver who was drunk when he caused an accident that killed six farm workers in southwest Florida has been sentenced to 60 years in prison.

Prosecutors said 68-year-old John Doe’s tractor-trailer was loaded with sand and weighed more than 73,000 pounds when it ran a stop sign and crashed into a van carrying the workers at a Glades County intersection. The group was traveling from Immokalee to harvest berries in Glades County when the accident happened in September 2008.

Doe, who is from Nokomis in Sarasota County, was sentenced Monday on six counts of DUI manslaughter.

RIP – Sarasota Drunk Driving Attorneys

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Women Charged for Deadly Venice DUI Crash

Wednesday, July 7th, 2010

VENICE – Deputies say it was a woman now behind bars, and not the victim of a fatal car crash, that was driving in Venice on New Year’s Day.

The crash happened when the driver of a Ford Taurus allegedly trying to flee from Sarasota County Sheriff’s Deputies and driving speeds of 60 mph on residential streets, lost control and slammed into a house in the 4600 block of Argonaut Road in Venice.

Deputies were trying to pull the vehicle over, because it couldn’t stay between the lines on the road, according to a report.

Early reports indicated a man that died in the crash, 42-year-old Richard Jones of Sarasota, was driving the car, but deputies now say that is not so.

The 24-year-old suspect has been charged with a long list of crimes following the crash and was arrested on Monday.

Deputies say the suspect was ejected from vehicle during the crash, and she and another woman in the car were flown by helicopter to Bayfront Medical Center for their injuries.
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After 10 Days in Jail Brother Still Won’t Testify in DUI Manslaughter Trial

Saturday, May 8th, 2010

After being ordered by a judge to testify against his brother and being held in contempt for 10 days he is still refusing to give his testimony.

“There’s been no change in heart or mind,” said his attorney, Paul Hudson. “We’re still in the same position as we were.”

They say the brother of the defendant is the only witness who can put him behind the wheel. The other surviving passenger in the car says he can’t remember whether the defendant was driving or not. However, prosecutors told the judge they still plan on moving forward with the trial with or without the brother’s testimony. Prosecutors will still call him to testify during the trial, although most likely the jury will not see that. A larger pool of potential jurors will be brought in because of the media coverage of the case.

Monday 5-10-10 is the last day to start the trial because the defendant did not waive his right to a speedy trial.

Although there is evidence that the defendant had been drinking (toxicology reports, a man testifying he was drinking at a party) it is going to be very difficult to convict this man of DUI manslaughter without his brother’s testimony. Without concrete proof that he was actually driving the car, there is not enough evidence for a manslaughter conviction.

If you have been accused of DUI in Sarasota you may be able to beat the charge. Countless people plead guilty to drunk driving in Sarasota courtrooms each year when the evidence against them is weak at best. Call 941-916-3627 to schedule your free consultation with a Sarasota DUI Attorney at Musca Law now.

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DUI Manslaughter Trial to Begin

Tuesday, May 4th, 2010

Attorneys spent Monday picking a jury in the DUI manslaughter and vehicular homicide trial of a Sarasota man accused of pulling in front a motorcyclist on U.S. 41 while intoxicated on prescription pills.

Prosecutors say that Dec. 3, 2008 the suspect, 45, made a left turn in his car in front of 19-year-old motorcyclist Nikolas Reek, riding south on U.S. 41 just south of Braden Avenue. The collision threw Reek from his motorcycle and he later died from his injuries.

Florida Highway Patrol troopers found the suspect had numerous pills in his car at the scene of the crash, according to FHP reports.

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The medications included more than a hundred oxycodone, hydromorphone and Xanax pills. His speech was slurred and he could barely keep his eyes open, and he also admitted to taking a pill after the crash, claiming to be nervous, the FHP report stated.

He admitted to taking pain medication before and after the crash, telling troopers that he had a “pill crusher” to feel the effects of pills faster, according to reports.

In addition to DUI manslaughter and vehicular homicide charges, he is also charged with driving with no valid driver’s license causing great bodily harm, and DUI property damage.

The suspect faces up to 30 years in prison if convicted of DUI manslaughter and vehicular homicide. Once a jury is picked, the trial is slated to take two to three days.

I am unsure of who’s representing this man, but he will need a defense attorney with outstanding skill. With the right approach I see all of these charges being dropped and the suspect walking.

Being charged with a DUI in Sarasota can be a frightening experience, but you are not alone. Call 941-916-3627 to schedule a free consultation with a Sarasota DUI lawyer at Musca Law now.

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Sarasota DUI Manslaughter Trial to Begin 5-10-10

Thursday, April 22nd, 2010

The trial for a former Braden River High School coach is set to go to trial on 5-10-10; he is accused of DUI manslaughter. The circuit judge handling the case made the announcement earlier today.

To briefly some up the crash, the suspect was driving on I-75 in south Sarasota County on 3-21-10 when he lost control of his Ford pickup causing it to flip and killing his passenger and good friend on impact. Further details on the crash here.

The trial was originally set to begin 4-12-10, but was postponed by the suspect’s defense lawyer’s request.

Because of the great complexity of any DUI case, a lawyer’s expertise is necessary to protect the defendants right’s. Whether one is charged with a first time misdemeanor DUI or a felony such as DUI manslaughter they will, by a judge, be required to hire legal representation. If you have been charged with DUI in Sarasota we are here to help.

When we take on cases we use an aggressive approach, focusing on the strengths of your case and exploiting the weaknesses in the prosecution’s. For a more thorough explanation of how we can assist call us anytime for a free and confidential consultation:

Sarasota County Office
1990 Main Street, Suite 750
Sarasota, FL 34326
Phone: 941-916-3627
Directions – Sarasota DUI Lawyer.

I understand choosing a lawyer can be difficult, but case results like these can ease that burden.

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Former Coach’s DUI Manslaughter Trial Postponed

Friday, April 16th, 2010

Sarasota – A former Braden River coach’s DUI manslaughter trial, which was set to go to trial 4-19-10, has been postponed to an undetermined date next month (May 2010.) We did a post a couple weeks ago showing the details of the crash/case.

Jury selection was set for Monday 4-12-10, but Judge Berlin of Sarasota approved the defense attorney’s request to postpone the case until transcripts of the accident reconstruction expert’s testimony can be provided. The defendants attorney said he knew the prosecutors were planning on calling him as a witness, but he was unable to interview him until 4-14-10. “I’m asking for reasonable time to review it and see how it affects my defense,” defense attorney McIntosh said.

A state champion during his playing days at Southeast High School, the defendant was named Braden River’s first head football coach in March 2005. He resigned as coach in April 2009 after the accident. A few months later, he resigned his position as a physical education teacher at the school. If convicted of DUI manslaughter, Hunter faces up to 15 years in prison.

Updates as they become available.

The Musca Law firm provides DUI and other criminal defense to Sarasota, Florida and surrounding areas such as Venice and North Port. If you have recently been accuse of a crime near Sarasota call 941-916-3627 to schedule a free consultation in person or by phone with a Sarasota lawyer at Musca Law now.

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