A young man that killed an eight-year old boy and severely injured the boy's mother while driving drunk, and possibly under the influence of a computer cleaning spray he allegedly sniffed, has been found guilty of four criminal charges, as reported by NBC Washington News.
V.D., 22, was found guilty of manslaughter,
DUI maiming, DUI and driving without a license by Judge James Clark.
V.D. ran over third-grader B.H.C., 8, and his mother, M.C., on January 15 just off of Duke Street in Alexandria.
According to prosecutors, mother and son were allegedly walking on a pedestrian footpath, hand-in-hand, when V.D. struck them with his car.
B.H.C. was pronounced dead at the scene and his mother's injuries, though not life threatening, included broken legs and pelvis. She currently uses a cane and will have metal rods and screws in place for the remainder of her life.
During V.D.'s two-day trial evidence was presented that showed his blood alcohol level to be 0.15 percent – four hours following the fatality. A forensic scientist said that had his blood alcohol been tested at the time of the accident, it could have proved to be up to 0.23 percent.
Further evidence, offered by the prosecution, also pointed to V.D. sniffing a chemical just prior to the crash. The chemical, difluoroethane, comes in an aerosol can and can cause a mental high feeling or euphoria when inhaled.
The intended use of difluoroethane, manufactured under the label "Dust-Off", is to clean computers.
A surveillance video taken from a CVS store recorded V.D. purchasing "Dust Off" a few minutes prior to the accident. Afterwards the can was located in his vehicle, and the safety valve had been removed.
In her closing argument, Deputy Commonwealth's Attorney Molly Sullivan said, "An inexperienced driver without a license, driving while intoxicated, is a disaster waiting to happen and that is exactly what happened."
During the trial M.C. cried when paramedics recounted the accident – finding her son crumpled in the grass and their unsuccessful attempts to resuscitate him with CPR.
V.D.'s defense attorneys had argued that their client's actions did not warrant finding him guilty of DUI manslaughter as he didn't exhibit "gross, wanton and culpable conduct to show a reckless disregard for human life."
A forensic engineer, called in by the defense, stated that a signpost V.D. stuck broke his brake line. After the line was drained of its fluid, according to the engineer, the car ran into the two victims. V.D.'s attorney said, "From the time he hit the sign there was nothing he could do. There was nothing any driver could do ... These were circumstances no driver could recover from."
After finding V.D. guilty Judge Clark told him, "You made the conscious decision to consume way too much alcohol."
V.D. is facing up to 26 year's in prison at his August 26 sentencing.
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