GOSHEN — A judge on Thursday encouraged the lawyer for a Bourbon guy charged in a 2015 mishap to convince him he’s incorrect about what precedent would apply.
Justin Gladieux, 20, is charged with causing a death while driving under the influence of a program 1 or 2 controlled substance, a Level 5 felony with a prison term of up to six decades. He had been driving south of New Paris once his car struck , killing 24-year-old passenger Nathaniel McConnell.
According to a previous report from the Elkhart Truth based on police reports, Gladieux ceased in the junction facing south C.R. 23 before he started crossing the intersection, pulling in front of the UPS truck headed east U.S. 6. There are stop signs on C.R. 23 but not one for drivers around U.S. 6. The UPS driver told police he recalled seeing a blur as he wasn’t able to stop in time and approached the junction.
William Cohen, Gladieux’s attorney, argued to Elkhart County Circuit Court Judge Michael Christofeno a motorist that he said waved Gladieux through the junction of U.S. 6 and also C.R. 23 can be held responsible for negligence.
He also based his argument involving an Indiana guy, Lanny Abney, who had been convicted of killing and striking a bicyclist while driving under the influence of alcohol. The Indiana Supreme Court reversed Abney’s conviction in a 2002 decision, citing jury instructions concerning the cause of the accident.
Cohen and the judge disagreed on whether a 2007 Indiana Court of Appeals decision in a different mishap that cites Abney, Rowe v. State, could employ in Gladieux’s case. In upholding the trial court certainty in Rowe, for causing death while working on a vehicle with a controlled chemical or metabolite in the blood, the appellate court said that the state must prove the defendant had the metabolite in their own system, not that the presence of the metabolite caused the accident.
Christofeno said his understanding is it doesn’t matter if the injury was caused by somebody else — they are sometimes charged, when the suspect is currently driving with a metabolite in their own system.
“If you’re correct, then my client would not have any protection in trial,” Cohen said. “He’d be denied his basic right to trial.”
The judge encouraged Cohen to compose a brief within 30 days. In addition, he agreed to proceed the trial of Gladieux May 21.
“You have to convince me I misread Abney and Rowe,” Christofeno stated. “We’re going to tie this in a neat little bow, but I am not saying you’re gonna like the package.”
Source
http://www.elkharttruth.com/news/lawyer-for-man-accused-in-fatal-accident-questions-legal-precedent/article_48e18ede-146c-59b9-9f81-6b7527aa037b.html
source http://www.hardmansolicitors.com/lawyer-for-man-accused-of-deadly-accident-questions-precedent/
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