Convicton made it to New York court of appeals for DWI murder

A man who was convicted for murder in a drunk driving crash has filed an appeal for the second time. He was originally convicted in New York of second-degree murder from a DWI crash back in 2006. The accident killed two people, including a 7-year-old girl.

The drunk driving crash reportedly took place back in 2005 as a family was traveling in a limo back to their residence after participating in a wedding. The man was apparently driving in the wrong direction when he collided with the limo, killing a young girl and the limo's driver. Officials performed a blood alcohol test which confirmed that the man was not driving within legal drinking limits. Prosecutors determined that the man's actions on the night of the crash were vicious, and he was well aware of what he was doing.

As part of the appeal filing, the defense has stated that the evidence was contaminated and the blood alcohol test was inaccurate. The defense has also stated that the state overcharged the man and he should have been originally charged with manslaughter since this was not out of malicious intent. A $1.3 million settlement was issued to the family last year for damages related to the crash.

The man is presently serving 18 years in this case. In regard to this matter, the man, as well as any other defendant in a criminal case, has the right to file an appeal to a conviction. New York prosecutors will need to meet a certain measure of proof that the man acted with malicious intent on the night of the DWI crash for the court to uphold the original conviction. Unless that burden of proof is satisfied in the new trial, the court could overturn the previous ruling.

Source: longbeach.patch.com, Convicted DWI Murderer Takes Case to Appeals Court, Joseph Kellard, Oct. 8, 2013

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