Zeke MacCormack - Express-News
“This case was not investigated properly,” Assistant District Attorney Steve Wadsworth said in his opening statement at the trial of John Heinen, 32.
That may explain why Wadsworth struck a deal in August under which John Heinen pleaded guilty to driving while intoxicated and was sentenced to 10 years probation and substance abuse treatment.
Authorities say John Heinen's blood alcohol level was more than twice the legal limit after the crash at 1 a.m. April 1, 2007, and that he said he couldn't remember if he was driving before being ejected and suffering a head injury, ruptured spleen and broken ribs.
Wadsworth said a Department of Public Safety trooper and Bandera County investigators didn't collect some evidence, including the truck windshield, and have been unable to account for some they did collect.
But, he said, “I would submit you are not going to hear proof beyond a reasonable doubt.”
The trial, which was moved from Bandera County due to extensive publicity there, is expected to last until Thursday.