As reported by the Daily Press from Victorville, Calif., a jury has found a man guilty of gross vehicular manslaughter while under the influence of alcohol, in regards to a car accident that led to the death of a woman, but the jury failed to come to a unanimous decision on whether they should convict him for second-degree murder.
The jury spent approximately 36 hours deliberating on whether A.T., 24, showed a conscious disregard for human life and was unaware that his actions could cause someone's death.
A.T.'s defense attorney argued that the woman that was killed, H.V., tried to cut off three other cars on the roadway before her vehicle was struck by S.A.T.
Prosecutors stated that on May 21, 2009, A.T. first spent the evening drinking beer at a party and then consumed mixed drinks at a restaurant and nightclub in Adelanto called the Cocky Bull.
Witnesses reported that early that morning they saw A.T racing his car against another car at speeds between 80 mph and 90 mph on Mojave Drive near Cobalt Road. The collision occurred when S.A.T. drove her truck onto Mojave Drive from East Trails and into A.T.'s vehicle.
A.T.'s blood alcohol level was tested and found to be twice the legal 0.08 percent limit – his registered at 0.16 percent. He also had one prior DUI conviction in Los Angeles County.
S.A.T. died at the scene of the accident, and her female passenger, S.W., had to be taken to an area hospital. A.T. also had passengers in his vehicle: One suffered with bleeding on the head and fractures while the other left the scene and is considered missing.
A.T. is represented by Deputy Public Defender David Sanders. Sanders argued that his client should only be held accountable for DUI and speeding, but not for murder. Instead, according to Sanders, "the young lady partly caused the accident. My client made the accident more severe than it needs to be."
As jurors failed to find that A.T. exhibited a conscious disregard for human life and they didn't think he knew that his actions could kill someone, they hung 9-3 in favor of finding him not guilty.
Deputy District Attorney Donna Kaufman has yet to confirm if her office will seek another trial to pursue the murder charge.
A.T. could be sentenced to up to 15 years on the current conviction, if found guilty of second-degree murder in a new trial he could be looking at 25 years to life.
Both S.A.T. and S.W. worked as baristas in a Victorville Starbucks and both attended college.
S.W. spent approximately five months recuperating in the hospital following the accident. During her testimony she described her back problems – expected to last her lifetime – and being partially paralyzed on her right side.
Facing charges stemming from DUI, DWI, OUI or OWI? Then your best bet would be to contact a DUI attorney to help you with your case as soon as possible.