Stowers & Sarcone: Vehicular Homicide Case Dismissed!

VEHICULAR HOMICIDE CASE DISMISSED

On July 6, 2017 Dean obtained the complete dismissal of a vehicular homicide case. Unfortunately, Dean’s client rear ended a vehicle on the interstate causing a chain reaction which led to the other driver’s death. He momentarily took his eyes off the road looking for a water bottle in his car. At the exact same moment, the car in front of him rapidly stopped. Dean’s client could not stop in time and rear ended the car propelling it into oncoming traffic. Tragically, the vehicle was his by a semi and the driver died.

VEHICULAR HOMICIDE BY RECKLESS DRIVING

The State charged Dean’s client with vehicular homicide in violation of Iowa Code Section 707.6A(2)(a):

2. A person commits a class “C” felony when the person unintentionally causes the death of another by any of the following means:

a. Driving a motor vehicle in a reckless manner with willful or wanton disregard for the safety of persons or property, in violation of section 321.277.

Therefore, the State had to show that Dean’s client drove recklessly and knew he would, more likely than not, cause harm to another person or property.

DEAN STOWERS SUCCESSFUL ARGUMENT; VEHICULAR HOMICIDE CHARGE DISMISSED

In defense, Dean filed a motion to dismiss the case. In the motion Dean argued that his client had not engaged in reckless conduct which he knew would likely cause harm or death to another person. More importantly, Dean argued the State did not present any evidence to support the charge.

On July 6, 2017, Iowa District Court Judge Martha Mertz agreed. Judge Mertz found that Dean’s client could not have known, nor anticipated, that his conduct would result in an accident nor the unfortunate events which transpired after. The Judge also found the State’s evidence did not support the charge. Therefore, Judge Mertz dismissed the case.

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