State v. Mr. B. (2006)
Practice Area: Criminal Law / Manslaughter
Description: Manslaughter Cases (Maricopa County Superior Court CR2006149621): Mr. B. was on the way home driving EB on Baseline Road in the early morning hours when the decedent was on his way to work driving WB on a motorcycle. As decedent approached the intersection he collided with Mr. B. who was making a left hand turn. Officers performed field sobriety tests on Mr. B. and later blood tested Mr. B. who had an extreme alcohol concentration and cocaine in his blood. Witnesses suggested the decedent had the right away. It was further discovered in the CAD report that decedent was required to wear corrective lenses. At trial, Co-Counsel Ms. Castillo and Ms. Starr argued that decedent was not wearing his prescriptive lenses – as the investigative officers threw the only piece of evidence away that would have proven decedent was wearing corrective lenses. Attorneys Castillo and Starr further argued that because Mr. B. was already in his turn and there were no road markings showing that the decedent attempted to stop, the decedent did not see Mr. B. turning and had tragically collided with Mr. B. Attorneys Castillo and Starr argued for an instruction regarding the destroyed evidence and the Judge so ordered the instruction. The instruction allowed the jury to consider the fact that the destroyed evidence was against the State’s interest. The jury acquitted Mr. B.
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