Wednesday, November 17, 2010

Tragic accident

This will not be a lay-down slam-dunk trial by any means.

Its compounded by the fact that yes, the defendant was speeding without his emergency lights, yet someone turned in front of him.  There will be sympathy for the defendant  as well as sympathy for the officer he killed.

The defense lay the foundation of casting some reasonable doubt into the matter.

Will it work?  I predict guilty but probably a light sentence of 10 years or less making the defendant officer eligible for probation.


Confusion of fatal police crash cited
By Craig Kapitan - Express-News

Police Officer Andrew Montemayor was kicking flares to the side of Potranco Road, joking with fellow rookie Robert Davis about how crazy their day had been, when he heard the revving of an engine outside his line of vision.

Instinctually, he knew something was wrong and began to run, Montemayor told jurors as testimony began Tuesday in the manslaughter and aggravated assault trial of former colleague David Seaton.

“I don't have time to yell out at Davis,” Montemayor recalled. “There's not time to look, to judge. I just ran as fast as I could.”

The rest of the story: