A man who used to work as a New Jersey police officer is now the target
of the law himself. He was involved in a fatal
DWI traffic accident that led to the death of two motorcyclists. He is charged
with homicide by vehicle while drunk, vehicular manslaughter and more.
Based on some of the supposed evidence that the prosecution believes it
has against the defendant, some might think that agreeing to a recent
plea deal would have been wise. The defendant and his criminal defense
attorney, however, see holes in the prosecution's planned argument.
The defendant has rejected a plea deal that would have meant at the most
a prison sentence of six years. He believes that he might have a better
chance at a less harsh fate by going through with the DUI homicide trial
due to a doctor's testimony that the prosecution's argument depends on.
According to The Morning Call, the prosecution has a doctor who will testify
to the idea that the defendant's specific health condition made him
more likely to be extremely intoxicated at the time of the fatal accident.
The defendant has had bariatric (weight loss) surgery, and the doctor's
theory is that the condition would have led to intoxication more quickly
for the defendant.
Not only does the defense argue that such a theory hasn't been widely
agreed upon; they also say that those who witnessed the defendant before
the accident didn't notice that he was visibly drunk. With these arguments
supposedly on his side, the defendant will roll the dice and move forward
with a jury trial.
A plea deal isn't always a bad thing. In some cases, accepting a plea
deal can be the right step for a defendant. The decision to either accept
or reject a deal is best made by consulting with one's trusted criminal
Source: The Morning Call, "Former cop rejects plea bargain in fatal Bangor motorcycle crash," Riley Yates, Nov. 16, 2012