Broward jury hears recording in alleged police crash coverup

FORT LAUDERDALEâ€"

A Broward jury on Wednesday finally got to hear the infamous recording featuring a Hollywood police officer vowing to "do a little Walt Disney" to protect a fellow cop involved in a 2009 car accident.

The full recording shows Officer Dewey Pressley, on trial for allegedly doctoring crash and DUI reports, conducting sobriety tests on Alexandra Torrens-Vilas, then 23, whose 1997 Toyota Tercel was rear-ended by another officer, Joel Francisco, on Sheridan Street under the Interstate 95 overpass.

Torrens-Vilas is seen on the recording telling Pressley that she had recently left a friend's house, where she participated in a drinking game centered around the TV show "Heroes." Torrens-Vilas is seen failing to keep her balance, and Pressley arrests her.

But Pressley's statements after the arrest have him on trial instead of Torrens-Vilas. A microphone picked up Pressley promising to "get him [Francisco] off the hook" by highlighting Torrens-Vilas' drunken state, her admission that a cat jumped out of her car shortly before the crash, and the allegation that she stopped suddenly in the middle of the road to go after the wayward feline.

Pressley has denied falsifying any reports.

But Torrens-Vilas, now 26, took the stand to testify that she had enough time after stopping her car to put it in neutral and get out to look for the cat, a stray she was taking home from another friend's house, and she didn't even know her car had been in a crash until an officer stopped her from leaving the area.

"That's when I saw the damage to my car," she said. She did not recall hearing the crash.

Defense attorney Rhea Grossman started her cross examination Wednesday by playing the full recording for jurors a second time. On the recording, Torrens-Vilas makes no mention of getting out of her vehicle before the crash.

"I had bad luck because a cop was right behind me and slammed into me," she says to Pressley. She also says on the recording that she was drinking beer that night, though she had just told jurors in person that she had a rum and Diet Coke.

Prosecutors believe Francisco was distracted on his cellphone in the moments leading up to the crash, and Pressley conspired with him to make sure none of the blame fell on Francisco. The police and DUI reports make no mention of Francisco being on a personal phone call when the crash took place, said prosecutor Adriana Alcalde-Padron.

Francisco has also been charged in the case and is set to be tried separately.

Both officers were eventually fired over the incident.

Drunken driving charges against Torrens-Vilas were dropped after the recording of Pressley's voice was released.

Grossman is expected to resume questioning Torrens-Vilas on Thursday afternoon.

raolmeda@tribune.com, 954-356-4457 or Twitter @SSCourts.

St. Lucie County judge pleads not guilty to DUI, asks for jury trial

VERO BEACH â€" St. Lucie County Judge Kathryn Nelson, 52, pleaded not guilty to charges of DUI and careless driving resulting in a one-car accident on the Merrill Barber Bridge on Oct. 25.

She is asking for a jury trial, court officials said Tuesday.

She didn't have to appear in court on Tuesday because she waived arraignment on the charges, said her defense attorney, Michael Kessler of Fort Pierce.

The Florida Supreme Court appointed Brevard County Judge Kelly McKibben to handle her case. Chief Judge Steven Levin of the 19th Judicial Circuit, which includes Indian River and St. Lucie counties, asked for an outside judge, citing the need to avoid a public perception of a conflict of interest.

State Attorney Bruce Colton cited similar concerns in asking Gov. Rick Scott's office to appoint an outside prosecutor. Nelson used to work for Colton. An assistant state attorney from Orlando is assigned to prosecute Nelson's DUI case.

Nelson refused to undergo testing for alcohol impairment, according to court records.

Kessler declined to comment on the case except to say his client is "looking forward to her day in court. Seeing how things look from the point of view of an accused person will probably make her an even better judge."

It was at about 5:50 p.m. Oct. 25 that a motorist called police, saying a car was weaving back and forth and struck a bridge guard rail near Indian River Boulevard in Vero Beach.

According to police reports, the driver â€" later identified as Nelson â€" refused to get out of the car and initially blamed the accident on using a cellphone.

Police said her breath smelled of alcohol and she appeared to have vomit on her skirt.

She said she was a judge in St. Lucie County and wouldn't do field sobriety exercises. Police eventually were "forced to physically pry both her hands off the steering wheel" to remove her from the car, according to a police report. "She continued to scream and pull away as she was restrained and put in handcuffs."

Chicago Auto Accident Lawyer Says New Data Reveals Risk Of Deer Collisions

Many motorists might lack proper insurance coverage to pay for deer hit damages, but other drivers could be liable in certain cases, according to attorney Patrick A. Salvi of Salvi, Schostok & Pritchard P.C.

Chicago, IL (PRWEB) November 30, 2011

Collisions with deer are not limited to rural areas, cautions Chicago auto accident attorney Patrick A. Salvi, pointing to recently released data from the Illinois Department of Transportation.

According to an IDOT news release, Cook County had the most deer/vehicle accidents in the state last year, and neighboring Lake County had the 10th most.

“Drivers in Chicago and surrounding areas must be alert to the real potential for a deer collision, particularly now during the late fall and early winter when does and bucks are mating and on the move,” said Salvi, managing equity partner of the Chicago personal injury law firm of Salvi, Schostok & Pritchard P.C. “It’s also a good time for motorists to check their auto insurance policies to make sure they have sufficient coverage in case of a deer/car accident.”

There were more than 17,000 deer/vehicle accidents in Illinois during 2010, including 562 in Cook County and 320 in Lake County, according to the IDOT report. Ten people died in Illinois deer collisions last year, and more than 600 people were injured.

Although the overall totals mark an improvement over recent years, deer hits still pose a significant threat to Illinois motorists, Salvi said.

An impact with a large animal such as a deer can be enough to cause serious injuries, including crushing injuries, spinal cord injury and traumatic brain injury.

Some of the worst accidents result from drivers who swerve into oncoming traffic to miss a deer, only to hit another vehicle instead, according to the Chicago accident lawyer. If a driver loses control of his or her vehicle to avoid a deer and collides with someone else, he or she could be held liable for the damages the other person suffered.

“Swerving into another lane or losing control because of a deer could be considered negligence, particularly when the driver was going too fast or otherwise driving recklessly,” he said.

In situations where no other vehicles were involved, Illinois drivers who hit deer or other large wildlife might not have insurance coverage for their personal injuries and property damage, Salvi cautioned. The collision portion of an auto insurance policy typically will not pay for damages caused by animal impacts. Instead, comprehensive coverage applies â€" and many Illinois drivers do not carry optional comprehensive coverage.

Salvi emphasized that an experienced auto accident attorney can advise drivers about their insurance needs and can also fight for their right to full compensation for medical expenses and vehicle repairs after an accident has happened.

If an insurance company refuses to pay for damages that should be covered under the auto policy, the insured could be entitled to recover significant damages under an Illinois bad-faith insurance practices lawsuit, he said.

Of course, the most preferable option is to avoid a deer/car crash in the first place. Not all deer crashes are unavoidable and motorists can take some basic precautions to avoid hitting deer, according to Salvi.

Some suggestions from IDOT and the Illinois Department of Natural Resources include:

If you hit a deer, Illinois law requires you to report the accident if it caused more than $1,500 in damage. In any event, you should report the incident and allow the authorities to deal with removing the deer’s body, Salvi warned.

About Salvi, Schostok & Pritchard P.C.

Salvi, Schostok & Pritchard P.C. is a leading Illinois personal injury law firm with offices in Chicago and Waukegan. In addition to representing clients in catastrophic personal injury, medical malpractice, aviation and product liability cases, the firm focuses on car and truck accidents, airplane and train accidents, construction injuries, birth injuries, brain injuries, unsafe properties and animal attacks. The firm has obtained more than $620 million on behalf of its clients in personal injury and wrongful death cases, including 175 multi-million dollar verdicts or settlements. For more information, call (312) 372-1227 or use the firm’s online contact form.

Christina Solomon
Salvi, Schostok & Pritchard P.C.
(312) 372-1227
Email Information

Judge pleads not guilty to DUI

VERO BEACH â€" St. Lucie County Judge Kathryn Nelson, 52, pleaded not guilty to charges of DUI and careless driving resulting in a one-car accident on the Merrill Barber Bridge on Oct. 25.

She is asking for a jury trial, court officials said Tuesday.

She didn't have to appear in court on Tuesday because she waived arraignment on the charges, said her defense attorney, Michael Kessler of Fort Pierce.

The Florida Supreme Court appointed Brevard County Judge Kelly McKibben to handle her case. Chief Judge Steven Levin of the 19th Judicial Circuit, which includes Indian River and St. Lucie counties, asked for an outside judge, citing the need to avoid a public perception of a conflict of interest.

State Attorney Bruce Colton cited similar concerns in asking Gov. Rick Scott's office to appoint an outside prosecutor. Nelson used to work for Colton. An assistant state attorney from Orlando is assigned to prosecute Nelson's DUI case.

Nelson refused to undergo testing for alcohol impairment, according to court records.

Kessler declined to comment on the case except to say his client is "looking forward to her day in court. Seeing how things look from the point of view of an accused person will probably make her an even better judge."

It was at about 5:50 p.m. Oct. 25 that a motorist called police, saying a car was weaving back and forth and struck a bridge guard rail near Indian River Boulevard in Vero Beach.

According to police reports, the driver â€" later identified as Nelson â€" refused to get out of the car and initially blamed the accident on using a cellphone.

Police said her breath smelled of alcohol and she appeared to have vomit on her skirt.

She said she was a judge in St. Lucie County and wouldn't do field sobriety exercises. Police eventually were "forced to physically pry both her hands off the steering wheel" to remove her from the car, according to a police report. "She continued to scream and pull away as she was restrained and put in handcuffs."

Copyright 2011 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Ex-fiance of missing woman hires criminal attorney

ORLANDO, Fla. (AP) â€" The ex-fiance of a Florida mother who vanished shortly after appearing on "The People's Court" hired a criminal defense attorney on Tuesday with a tie to the Casey Anthony case and the Tiger Woods scandal.

Dale Smith hired attorney Mark NeJame a day after Orlando's police chief named Smith the primary focus of detectives' investigation into the disappearance of 33-year-old Michelle Parker.

A spokeswoman for NeJame said the attorney has no immediate comment. NeJame was the attorney for Casey Anthony's parents for a time and also represented Woods after a late 2009 car accident outside the golfer's Florida home.

Parker was last seen Nov. 17, the day the previously-taped episode aired featuring her and the 40-year-old Smith. Parker and Smith were on the show to resolve a dispute over a $5,000 engagement ring. Smith had sued Parker for the value of the ring.

They had been together off and on since 2006 before appearing on the television show and are the parents of 3-year-old twins. Parker has an older child from another relationship.

Parker and Smith described to television Judge Marilyn Milian how their most recent reconciliation unraveled at a convention in Atlanta for science fiction and fantasy fans. Smith said he liked to dress up as a storm trooper or Captain America at these types of conventions.

They got into an argument when Smith brought up a past relationship of Parker's. During the argument Smith grabbed her, Parker told the judge, so she got a nearby police officer to escort her to her hotel room. The officer stayed at the room so Parker could pack up her belongings without being disturbed by Smith, she said.

When Smith demanded the engagement ring back, Parker said she took it off and threw it at him. But the ring slipped through a railing and landed nine floors below in the hotel atrium, she said. Smith was unable to find the ring.

"I threw it at him and he shouldn't put his hand on me and he shouldn't have put his hands on me prior," Parker told the judge, according to a transcript of the show. "It's been a hell of a rollercoaster ride, and it's poison and we're done."

The television judge said Parker was responsible for paying Smith for half of the value of the ring. But she also told them their "fatal attraction" relationship wasn't working and that they should move on to other people.

"You're like drugs to each other," Milian said. "You're addicted to each other but this is a very, very bad idea."

Washington DUI Accident Attorney Cautions Drivers of Holiday Season Driving Hazards

Dean Brett of Brett Murphy â€" Washington’s Injury Lawyers says Christmas and New Year’s can be a dangerous time because of holiday parties, worsening road conditions.

Seattle, WA (PRWEB) November 29, 2011

Washington DUI accident lawyer Dean Brett today cautioned drivers to be wary of drinking and driving throughout December and the upcoming holiday season.

Brett, whose law firm represents the victims of drunk driving accidents in personal injury and wrongful death claims in Seattle, Tacoma, Spokane, Bellingham and surrounding areas, pointed to a recent National Institute on Alcohol Abuse and Alcoholism report.

According to the report, two- to three-times more people die in alcohol-related vehicle crashes during the winter holidays â€" excluding New Year’s Eve â€" than during comparable time periods the rest of the year.

“This is supposed to be the happiest time of the year, but it is often, in fact, the most dangerous time of year for those who choose to drink and drive, and for those innocent people who are harmed by drunken drivers’ recklessness,” Brett said.

On New Year’s Eve, according to the National Highway Traffic Safety Administration, more than four times as many people are likely to die in alcohol-related crashes than on other mid-winter evenings.

“Christmas parties are held every day during December, so the possibility of a drunken driving hazard, plus the normal worsening of road conditions with the onset of winter, makes the final days of the year between Thanksgiving and New Year’s Eve a time to be particularly cautious as a driver, whether you drink or not,” the veteran Washington auto accident attorney said.

Brett said the personal injury and wrongful death attorneys of Brett Murphy â€" Washington’s Injury Lawyers will continue to pursue personal injury and wrongful death damages for people throughout the state who have been harmed by car crashes involving drunken driving, drowsy driving and other actionable causes.

“If you have been in an alcohol-related car crash or an automobile accident in which the other party was at fault for injuries to you or the death of a loved one, it’s important to contact an attorney who will ensure that your rights are protected and will seek the compensation for your losses that you deserve.”

About Brett Murphy â€" Washington’s Injury Lawyers

Brett Murphy â€" Washington’s Injury Lawyers is a Washington personal injury law firm with offices in Seattle, Tacoma, Spokane, Bellingham, Mt. Vernon and Vancouver, Washington. The firm represents car accident victims, including those injured in DUI/DWI accidents, and other personal injury victims throughout the state of Washington. The firm’s practice areas also include motorcycle accidents, bicycle accidents, pedestrian accidents, boating accidents, construction accidents, railroad collisions and aviation crashes. For more information, call the firm at (800) 925-1875 or use its online contact form.

###

Dean Brett
Brett Murphy â€" Washington’s Injury Lawyers
(800) 925-1875
Email Information

Driver in deadly Pittsfield accident out on bail

Click photo to enlarge

James Benlien enters the courtroom for his arraignment for leaving the scene of an accident that killled his wife, Christine.

Tuesday November 29, 2011

PITTSFIELD -- James E. Benlien is out on bail following his arraignment Monday in Central Berkshire District Court on charges that he left his wife on the side of the road after a deadly fall from their moving car.

James Benlien, 45, who has been in police custody since his arrest early Sunday, appeared before Judge Fredric D. Rutberg and pleaded not guilty to leaving the scene of an accident involving a death, a felony, and second offense drunken driving, a misdemeanor.

"It was a terrible and tragic accident," James Benlien's attorney, Jill Sheldon, told the court.

Around 1 a.m. Sunday, 42-year-old Christine Benlien stepped out of the couple's Infiniti as James Benlien drove them home from a local bar, according to a police report. The couple was allegedly arguing.

Their daughter, 21-year-old Amanda Benlien, was in the back seat and also got out of the moving car, which had slowed down but didn't stop. Amanda Benlien suffered abrasions to her knees and left elbow.

James Benlien allegedly drove the 0.3 miles from the accident scene at 146 Crane Ave. to their home at 290 Crane Ave. without stopping. He was later arrested

at the home.

Police said that when they spoke to Benlien at his residence shortly after the accident they could smell alcohol on him, that he was unsteady on his feet and had slurred speech and glassy eyes. Benlien allegedly refused to perform field sobriety tests and was "verbally aggressive" with the police, they said.

Christine Benlien suffered a head injury from her fall. She was rushed to Berkshire Medical Center and was pronounced dead at 1:36 a.m. Sunday.

Sheldon said James Benlien had no idea his wife was hurt and believed she and their daughter were walking the short distance home.

The police report indicated that Amanda Benlien was "upset her father did not stay to check out the well-being of her mother."

James Benlien, Sheldon said, didn't find out that his wife was dead until after his arrest when he spoke with his brother.

The attorney said James Benlien and his family were in mourning over Christine's death. She asked that he be given a nominal bail so he could "go and bury his wife."

The defendant's family was in court Monday to support him, according to Sheldon.

Berkshire Assistant District Attorney Kelly M. Kemp asked for $50,000 cash or bail bond in the case citing a mandatory minimum one-year jail sentence for James Benlien if convicted of the felony. She also cited his previous convictions that included a drunken driving conviction from 1989 and leaving the scene of a property damage accident from 2002, among others.

Rutberg set bail at $2,500 cash or $25,000 bail bond.

The defendant made bail soon afterward and is scheduled to appear in court for a pretrial hearing on Jan. 3, 2012.

James Benlien, a native of Berkshire County, is a project manager for a local heating and air conditioning company. His wife worked at Barton's Crossing, a local homeless shelter, according to court documents.

The events that led up to Christine Benlien's death, according to the police report, began Saturday night.

The police report indicates that the drinking began at the Benlien home Saturday evening as they prepared to go out, and that Christine Benlien had six glasses of wine and James Benlien had at least four beers. While at Zenner's Pub on Tyler Street, the couple and their daughter shared three pitchers of beer.

According to what Amanda Benlien told police, her parents were bickering before they went out, but said that was nothing unusual. The fighting escalated at the bar when her father went off to smoke crack cocaine and then lied about it to his wife, the police report indicated.

The arguing continued in the car on the way home, according to Amanda Benlien's police statement, and then her mother opened the door and fell out.

"She was there and then gone," Amanda Benlien allegedly told police.

Sheldon later told The Eagle that her client was "broken-hearted."

To reach Andrew Amelinckx:
aamelinckx@berkshireeagle.com,
or (413) 496-6249.
Follow him on Twitter: @BE_TheAmelinckx.

Blumenthal calls for probe into rental truck safety standards after fatal accident at Yale Bowl

By Jordan Fenster, Register Staff
jfenster@nhregister.com
@jordanfenster

HARTFORD â€" In the wake of an accident last week, in which a woman was killed when she was struck by a U-Haul truck in a Yale Bowl parking lot, Sen. Richard Blumenthal is calling for a probe into the possibility of nationwide standards for rental trucks.

Pointing out what he called an “absence of federal oversight,” Blumenthal sent a letter today to U.S. Department of Transportation Secretary Ray LaHood, asking for an independent analysis from the DOT and the Government Accountability Office, with federal legislation as a possible end result.

“This absence of safety oversight is particularly troubling because many rental truck companies have fleets that are older and more heavily used than similar commercial vehicles,” Blumenthal wrote to LaHood.

At present, there are no federal standards of oversight for rental trucks, such as there are for commercial vehicles, and Blumenthal said that lack “could present a danger to people who rent them or use them.”

On Nov. 19, a U-Haul containing beer kegs at a Yale-Harvard football game tailgating party, driven by Yale junior Brendan Ross, crashed into three women, injuring two and killing Nancy Barry, of Salem, Mass.

The accident remains under investigation by the New Haven Police Department. No charges have been filed.

Ross’ attorney, William F. Dow III, characterized the crash as a “tragic accident which appears to be the result of a vehicle malfunction,” a claim that U-Haul disputed.

Noting that the investigation into the crash was ongoing, Blumenthal said it  “raises the question of is there a need for a broader, more comprehensive federal standard.”

“Sometimes a tragedy is necessary to focus attention,” he told reporters during a press conference Monday.

In his letter to LaHood and GAO Comptroller General Gene Dodaro, Blumenthal referred to a 2007 study by the L.A. Times, which he says determined “that more than half of 200 rental trucks surveyed were overdue for a monthly safety check of the vehicles’ brakes, tires and other equipment, with some vehicles more than a year overdue for inspection.” Continued...

Despite his call for oversight, Blumenthal stopped short of placing blame on U-Haul for last week’s accident.

“Although no conclusions are possible at this point as to the cause of this tragic accident, it squarely raises the issue of rental truck safety and scrutiny generally,” Blumenthal wrote to LaHood, “which I now request your involvement in addressing.”

U-Haul did not return a request for comment Monday, but said in a previous statement: "U-Haul takes the safety and maintenance of our equipment very seriously. Our maintenance systems and protocols are state-of-the-art and are designed with safety and compliance with the law as our main priorities. Every single piece of our equipment is treated as such.”

The company statement also said “Until the authorities have completed their investigation, it would be inappropriate for us to provide any further comments.”

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Teen driver enters not-guilty plea on vehicular homicide charges

COUPEVILLE â€" The teenager who was behind the wheel in a tragic car accident that killed three young men earlier this month near Clinton entered a not-guilty plea during her arraignment on charges of vehicular homicide in Island County Superior Court Monday.

Authorities claim Kaylea F. Souza, 18, of Langley, had been drinking malt liquor before getting into her 2003 Chevrolet Malibu the night of Nov. 11. Police say Souza was driving south on Wilkinson Road just after midnight Nov. 12 when she tried to pass another car on the two-lane rural road, lost control of her car and hit a tree. Passers-by pulled Souza from the wreck, but flames quickly engulfed the Malibu before the three passengers could be rescued.

Charles "Mack" Porter III, 19, Robert Knight, 22, and Marcel "Mick" Pointer, 20 were killed in the accident.

Souza spoke only once during the hearing, which lasted less than 10 minutes.

"Ms. Souza, do you understand the charges against you in this case?" asked Superior Court Judge Alan Hancock.

"Yes, your honor," she replied.

The judge then entered Souza's plea on her behalf.

Peter Simpson, Souza's attorney, then asked the judge to lower bail from $150,000 to $15,000.

"She has no criminal history," Simpson said. "She is young, but nevertheless, [has] no criminal history at all."

"There's no indication that she would fail to appear for her court hearings if she is able to post a lower bail," he added.

Simpson said Souza would live at her father's house in Langley if she was released.

"She's lived there since the second grade," he said, except for a brief time when she was in high school.

Simpson also noted that she has strong ties to the community.

"There has been a significant outpouring of support for her already," he said.

Simpson said Souza was a recent graduate of Bayview School, finishing high school on time in four years, with plans to attend college. She also had a job as a server at a South End restaurant.

"She does not make very much money … making minimum wage, so she does not have significant assets," Simpson said.

Souza also cooperated with law enforcement after the accident, and would follow any court orders in the future, he said.

"There is every incentive for her to face this head on," Simpson added. "There's not only a potential for a criminal sanction, but there is the real fact that this is affecting her, as well. These were friends of hers."

"There is also a moral element, where she would be compelled to follow through to make sure that her reputation in the community is upheld," he sad.

Deputy Prosecuting Attorney David Carmen said there was no objection to the bail amount being reduced, pointing to Souza's lack of criminal history and her longtime residency in the county.

But based on the serious nature of the felony charges, Carmen suggested that reasonable bail could fall between $15,000 and $150,000.

Carmen asked that the previous conditions for bail â€" that she not drive under any circumstances, or refuse any drug or alcohol tests, and not use alcohol or drugs â€" be kept in place. He also asked the court to require that Souza wear a alcohol-monitoring bracelet if she was released.

Simpson, however, said the bracelet monitor would be too expensive for someone of Souza's financial means.

"This case could take months to resolve," Simpson added.

Hancock agreed to reduce bail to $75,000, but kept the original bail conditions in place.

The judge said the bail was appropriate given the three counts of vehicular homicide.

"On the other hand, given the community ties that have been outlined, the lack of criminal history, the reduction to $75,000 would be in line," Hancock said.

He said the monitoring bracelet was not needed given the other conditions that were set for her release on bail.

Souza was led from the courtroom after her arraignment by two corrections deputies.

Her friends and family gathered outside the courtroom afterward and exchanged hugs.

Souza's trial has been set for Jan. 24.

If convicted of vehicular homicide, Souza faces a sentence of four to five and a half years.

Contact South Whidbey Record Editor Brian Kelly at editor@southwhidbeyrecord.com.

Ex-Hollywood cop accused of doctoring report heads to trial | Video

A former Hollywood police officer accused of doctoring an accident report to absolve a fellow cop of rear-ending another car faces trial on Monday.

Dewey Pressley's statement, "We'll do a little Walt Disney to protect the cop" was recorded on a dashboard camera. He was allegedly trying to protect Officer Joel Francisco in the February 2009 crash. The driver of the other car was arrested for drunken driving.

Pressley, 45, faces a maximum of 30 years in prison if convicted of all 10 counts â€" four counts of official misconduct, four counts of falsifying records, one count of conspiracy to commit official misconduct and one count of conspiracy to falsify records.

Francisco, 39, faces the same charges; his trial will be at a later date.

Each man has pleaded not guilty and has been free on $100,000 bail.

Pressley's attorney, Rhea Grossman, could not be reached for comment.

The trial, before Broward Circuit Judge Michael Robinson, is expected to last a week, according to prosecutor Adriana Alcalde-Padron. Jury selection starts Monday.

Pressley, Francisco and three other Hollywood Police Department employees were fired in January 2010 as a result of the incident. The other three â€" Sgt. Andrew Diaz, Community Service Officer Karim Thomas and crime-scene technician Andrea Tomassi â€" were not criminally charged.

Seemingly unaware that the dashboard camera was recording, the officers can be heard saying how they would alter the crash report to get Francisco "off the hook" with a concocted story about a stray cat leaping out of motorist Alexandra Torrens-Vilas' car window.

Torrens-Vilas, then 23, of Hollywood, was seated in the back seat of a patrol car while the officers discussed distorting the facts to shift the blame from Francisco to her. She ended up charged with four counts of drunken driving and was cited for improper lane change.

Francisco was on duty and talking to a friend on his cell phone when he rear ended Torrens-Vilas with his police cruiser on Sheridan Street. His personnel file listed eight other crashes in his 12 years with the agency.

"I will do the narrative for you," Pressley, a 22-year veteran of the force, can be heard saying. "I know how I am going to word this; the cat gets him off the hook."

Pressley's report detailing the midnight crash said: "a large gray stray cat" that had been sitting on Torrens-Vilas' lap jumped out of her car window and distracted her, causing her to veer into Francisco's lane, where she abruptly braked, and he hit her.

"I don't want to make things up ever, because it's wrong, but if I need to bend it a little to protect a cop, I'm gonna," Pressley said. "We'll do a little Walt Disney to protect the cop because it wouldn't have mattered because she is drunk anyway."

Pressley arrested Torrens-Vilas on four drunken driving charges, which carried a maximum penalty of nearly three years in jail. State prosecutors dropped the DUI charges in July 2009.

Torrens-Vilas' attorney, Larry Meltzer, labeled the incident at the time a disturbing "abuse of power."

"Actually seeing it transpire on video in front of you, it really kind of sickens you," Meltzer said. "It's really nauseating to sit there and watch your client's rights go out the window."

The scandal hit the police department as it was trying to rebound from a two-year FBI probe that sent four officers to federal prison for trafficking in heroin and prompted the November 2007 departure of Chief James Scarberry.

The FBI had told Scarberry about their investigation and the information filtered down to the targets of the investigation. The FBI cut its investigation short when the leak was discovered.

tealanez@tribune.com, 954-356-4542.

Ex-Hollywood cop accused of doctoring report heads to trial

A former Hollywood police officer accused of doctoring an accident report to absolve a fellow cop of rear-ending another car faces trial on Monday.

Dewey Pressley's statement, "We'll do a little Walt Disney to protect the cop" was recorded on a dashboard camera. He was allegedly trying to protect Officer Joel Francisco in the February 2009 crash. The driver of the other car was arrested for drunken driving.

Pressley, 45, faces a maximum of 30 years in prison if convicted of all 10 counts â€" four counts of official misconduct, four counts of falsifying records, one count of conspiracy to commit official misconduct and one count of conspiracy to falsify records.

Francisco, 39, faces the same charges; his trial will be at a later date.

Each man has pleaded not guilty and has been free on $100,000 bail.

Pressley's attorney, Rhea Grossman, could not be reached for comment.

The trial, before Broward Circuit Judge Michael Robinson, is expected to last a week, according to prosecutor Adriana Alcalde-Padron. Jury selection starts Monday.

Pressley, Francisco and three other Hollywood Police Department employees were fired in January 2010 as a result of the incident. The other three â€" Sgt. Andrew Diaz, Community Service Officer Karim Thomas and crime-scene technician Andrea Tomassi â€" were not criminally charged.

Seemingly unaware that the dashboard camera was recording, the officers can be heard saying how they would alter the crash report to get Francisco "off the hook" with a concocted story about a stray cat leaping out of motorist Alexandra Torrens-Vilas' car window.

Torrens-Vilas, then 23, of Hollywood, was seated in the back seat of a patrol car while the officers discussed distorting the facts to shift the blame from Francisco to her. She ended up charged with four counts of drunken driving and was cited for improper lane change.

Francisco was on duty and talking to a friend on his cell phone when he rear ended Torrens-Vilas with his police cruiser on Sheridan Street. His personnel file listed eight other crashes in his 12 years with the agency.

"I will do the narrative for you," Pressley, a 22-year veteran of the force, can be heard saying. "I know how I am going to word this; the cat gets him off the hook."

Pressley's report detailing the midnight crash said: "a large gray stray cat" that had been sitting on Torrens-Vilas' lap jumped out of her car window and distracted her, causing her to veer into Francisco's lane, where she abruptly braked, and he hit her.

"I don't want to make things up ever, because it's wrong, but if I need to bend it a little to protect a cop, I'm gonna," Pressley said. "We'll do a little Walt Disney to protect the cop because it wouldn't have mattered because she is drunk anyway."

Pressley arrested Torrens-Vilas on four drunken driving charges, which carried a maximum penalty of nearly three years in jail. State prosecutors dropped the DUI charges in July 2009.

Torrens-Vilas' attorney, Larry Meltzer, labeled the incident at the time a disturbing "abuse of power."

"Actually seeing it transpire on video in front of you, it really kind of sickens you," Meltzer said. "It's really nauseating to sit there and watch your client's rights go out the window."

The scandal hit the police department as it was trying to rebound from a two-year FBI probe that sent four officers to federal prison for trafficking in heroin and prompted the November 2007 departure of Chief James Scarberry.

The FBI had told Scarberry about their investigation and the information filtered down to the targets of the investigation. The FBI cut its investigation short when the leak was discovered.

tealanez@tribune.com, 954-356-4542.

Car Accident Causes People To Lose Power

POSTED: 5:28 pm PST November 26, 2011

SHASTA LAKE, Calif. -- A car ran into a utility pole at Ashby Road and Pine Grove in the City of Shasta Lake Saturday afternoon, causing people to lose power.A representative with the City of Shasta Lake Electric Company says the car spliced a power pole, which knocked out the power for people living nearby.Crews were quickly on scene and had power restored in two hours.

Another child loses life in a Newton County car accident

For the second straight week, a tragic accident in Newton County has claimed the life of a child.Seandarius O'Brian Hennington, 12, of Lufkin was prounounced dead at the scene after being struck while riding a bicycle by an SUV.According to Department of Public Safety reports, the accident occured Saturday, Nov. 19 on U.S. Highway 63 near the Shankleville community. Incident reports indicate Hennington was riding his bicycle when he attempted to cross the highway and rode into the path of a westbound traveling 2001 Ford SUV.The SUV was driven by Melanie Renea Williams, of Muskogee, Ok. Hennington was prounounced dead at the scene by Newton County Precinct 2 Justice of the Peace Brenda Smith.There is no word if any charges will be filed in connection with the Saturday accident.But according to a spokesperson for the Newton County District Attorney's office, charges are pending in last week's deaths of Mykala Ross, 13, and Kristen Kirkland, 14.

Attorney investigates truck that Vidor girls were riding in during fatal crash

The attorney for a Vidor man whose daughter was killed in a single-vehicle accident last weekend joined investigators at a car auction site on Monday to inspect the truck.

The white 1999 Ford F-150 pick-up truck that 14-year-old Kristen Kirkland and 13-year-old Mykala Ross were riding in when it crashed on Nov. 19 was visibly mangled and the back window was missing.

The bed of the truck was almost disconnected from the cab, and both the driver and passenger airbags had been deployed. Investigators unsuccessfully attempted to open the doors to the truck with a crowbar.

A Department of Public Safety report from the crash site said the truck was traveling northbound on County Road 4123 - a mile north of Deweyville - shortly before 11 p.m. on Nov. 19 when it left the roadway, overturned and hit a tree. The girls, who were riding in the backseat of the cab, were thrown from the back window.

Kirkland's father, Keith Allen Kirkland, last week filed suit against the driver, 19-year-old Elizabeth Watkins, alleging her negligence caused the violent collision which ultimately resulted in his daughter's death.

Watkins was treated and released from Christus St. Elizabeth Hospital by the Monday following the crash.

An autopsy showed the teens died as a result of internal injuries from the crash. Department of Public Safety troopers said last week that neither of the girls was wearing a seatbelt.

Beaumont attorney Cade Bernsen, who is representing Kirkland, said investigators told him it appeared no one in the vehicle was wearing a seatbelt.

Bernsen filed and was granted a temporary restraining order on Thursday barring anyone from tampering with the vehicle. A hearing for a temporary injunction is set for Nov. 30 in the 260th District Court.

DPS Trooper Stephanie Davis said no charges have been filed yet, but they are "possible." Troopers still are working to reconstruct the scene, she said.

Joseph Constantin, 18, also was a passenger in the vehicle. He was taken to an area hospital in serious condition with internal injuries after the crash, but Davis said troopers have been unable to get an update on his condition.

Accident injures Ravalli County public defenders

The Ravalli County Public Defenders Office suffered a huge blow when three of its attorneys were injured in a car accident Friday.

Attorneys Stephanie DeBoer, Reed Mandelko and Nicholas Miller suffered serious injuries in a Friday morning collision. They had been carpooling on U.S. Highway 93 on their way to work when the accident happened north of Lolo.

According to the Montana Highway Patrol, it appeared a woman driving a pickup truck lost control on the slick road and then slid across U.S. Highway 93 into the southbound lane. The truck spun sideways, causing DeBoer's Grand Am sedan to T-bone the truck.

The impact completely crumpled the hood of DeBoer's car, and the truck ended up rolling off the highway on its side. All involved were hospitalized.

Dave Stenerson, interim Chief Public Defender for Montana, released the names Wednesday.

DeBoer, who was driving the Grand Am, ended up with a badly fractured ankle. She has been released with an external stabilizer on her ankle but will need to return for further surgery.

Mandelko, a tall man, was riding in the passenger seat and suffered fractures in his back and pelvis. He has also been released but must use a walker or crutches.

Miller was in the backseat but suffered most from the collision. He was wearing a seatbelt but arrived at the hospital with internal injuries, where he remains.

Ron Piper, managing attorney for the Ravalli County Public Defenders Office, said losing half his staff in one day is difficult, but it won't stop cases from moving forward. Any attorney can cover procedural hearings, such as omnibus or initial hearings, and Piper said he has received many offers of assistance from public defenders in other counties and from private attorneys. Piper himself stood in for all the cases heard in court Wednesday.

The only difficulty may arise for those cases that go to trial when a defendant needs to have his assigned attorney present.

"The trials may have to be continued, but I don't know, at this point, if any in the near future are affected," Piper said. "Both the judges and the county attorney's office have been understanding at the need to continue cases."

Piper had no estimate of when the three would return but his concern went beyond who would cover the workload.

"They just need to stay home and get well," Piper said.

Reach reporter Laura Lundquist at 363-3300 or laura.lundquist@ravallirepublic.com.

Davis man killed in car accident

A Davis man was killed Sunday night and a woman seriously injured after the vehicle they were in drifted off the freeway and slammed into a tree south of Davis, the California Highway Patrol reported.

David Erickson, 36, was in the passenger seat of a 1994 Ford Escort traveling west on Interstate 80 approaching Old Davis Road around 11:25 p.m., said CHP Sgt. Jason Hekker.

The car's driver was identified as 20-year-old Hillary Higgins, also of Davis. Suddenly, for unknown reasons, Hekker said, the car veered off the right edge of the road and plowed into a tree on the right side of the freeway.

Erickson, who authorities said was not wearing a seat belt, suffered fatal injuries in the single-vehicle crash and died at the scene, Hekker said. Higgins, who was seat belted, was flown by air ambulance to the University of California, Davis, Medical Center in Sacramento after suffering major injuries, Hekker said.

Higgins told officers she believes she "may have fallen asleep," but when officers arrived at the hospital and spoke to her, they said she was "exhibiting signs of drug usage," Hekker said. Hekker said as soon as Higgins recovers, she will be taken into custody on suspicion of felony driving under the influence causing injury.

"Pending our investigation, it's possible there will be other charges," he said.

Multiple tests were performed, and according to Hekker, charges will be filed through the district attorney's office, pending the test results.

Washington County District Attorney Releases Video of Fatal Accident to News 3

New evidence released tonight, in connection with an illegal immigrant involved in a car crash that killed four people in Washington County.

Four lives were lost at the same time...none of them over the age of 22.

The driver of the pickup, Roberto Castillo, is being held in the Washington County jail under a $2 million bond, and an immigration hold.
He's facing four counts of failing to stop and render aid after colliding with a gray Mustang near Highway 36 and FM 109 in Brenham, in August.

"You see the left rear wheel go rolling by. It ended up several hundred yards down the field in a pasture," said Washington County district attorney, Bill Parham.

He released the surveillance footage to News 3.
This is the first time it's being made available to the public.

What the surveillance video doesn't show is why Roberto Castillo is charged with failing to stop and render aid.
Investigators say Castillo walked away from the crash, eventually crossed the street, passing K and M Grocery Store.
Another security camera catches him along the side of the building, before he decides to take off, running down FM 109.

Parham said, "I think as far as I'm concerned, it tells me who's at fault."

And it's probably not who you're thinking...

"Everybody involved in the vehicles, both vehicles...were intoxicated to some extent," said Parham.

Investigators say if you look closely, you can see the Mustang, without its headlights on, pull out in front of the pickup.

Parham said, "We took the headlamps, the bulbs. The bulbs are still in tact. The filaments were not broken, which we believe if they had been turned on they would have broken...or even at least, stretched."

A grand jury ruled the accident, and four deaths, were not caused by Castillo's alleged intoxication.

"This is what happens when you get behind the wheel of a car when maybe you shouldn't," Parham added.

Four crosses now stand near the intersection, as a reminder to others how quickly our loved ones can pass away.

If convicted, Castillo will serve between one and five years in prison, before being deported.
He may also still be facing a Driving While Intoxicated charge for the accident in August.

Austin Car Accident Attorney says Drowsy Driving is Comparable to Drunk Driving

Bob Richardson of the Bob Richardson Law Firm cites a recent AAA Foundation study that says most drivers agree drowsy driving is wrong but still admit to having done it in the previous month.

Austin, Texas (PRWEB) November 22, 2011

Austin car accident attorney Bob Richardson said today that recent survey results indicating that almost everyone agrees drowsy driving is wrong but many people do it anyway should be a wakeup call to all drivers.

“The public must begin to see drowsy driving the same way it does drunk driving,” said Richardson, founder of the Bob Richardson Law Firm.

“Drowsy driving is a highly dangerous, irresponsible act. Those who do it should be held accountable for any and all harm they do by making what they know is a bad choice.”

The AAA Foundation for Traffic Safety said a new poll found that 96 percent of respondents agreed that drowsy driving is unacceptable behavior, yet almost a third (32 percent) admitted driving in the past month while they were so tired that they had difficulty keeping their eyes open.

The AAA Foundation said in a 2010 report that drowsy drivers are responsible for one in six fatal auto accidents and one in eight car accidents resulting in serious injury.

“Taking your eyes off the road for even a few seconds at highway speeds can easily result in an automobile wreck that severely injures or kills the drowsy driver, other drivers or even pedestrians,” Richardson said.

Driving while drowsy and causing a wreck can be the basis of a personal injury or wrongful death lawsuit, said Richardson, whose firm has recovered millions of dollars in compensation for car accident victims in Austin, Waco and other Texas cities and towns.

“Clearly, if you choose to operate a motor vehicle when your sleepiness has diminished your ability to drive, you have committed a negligent and irresponsible act,” Richardson said.

Anyone who has been injured or who has lost a loved one in a collision caused by a driver who showed signs of drowsiness should seek advice from an experienced Texas car accident attorney, Richardson said.

“If you have been harmed by a drowsy driver, you have the right to seek compensation for losses due to medical expenses, property damage, time away from work, and other pain and suffering,” the Austin lawyer said.

“At the Bob Richardson Law Firm, we stand up for those who are hurt by this kind of negligence. Drowsy drivers must be held accountable for the willful harm they inflict upon innocent bystanders.”

About The Bob Richardson Law Firm

The Bob Richardson Law Firm is a highly respected Texas personal injury and Social Security disability law firm. The firm is dedicated to providing skilled and professional legal services to clients in cases involving car accidents, motorcycle accidents, truck accidents, drunk driving accidents, construction accidents, workplace accidents and slip and fall accidents as well as representation to those seeking benefits for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The firm features offices in Austin and Waco and assists clients throughout Round Rock, Georgetown, Killeen, Temple, Cedar Park, Lakeway, Taylor, Belton and surrounding Texas communities. To learn more about The Bob Richardson Law Firm, call (800) 880-5100 or use the firm’s online form.

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Don R. Cotton
Bob Richardson Law Firm
(800) 880-5100
Email Information

Don’t automatically dismiss extra coverage

By Ed Greenberger, THELAW.TV

Millions of Americans will travel for Thanksgiving this week, and many of those travelers will rent cars when they get to their destinations. If you’re renting a car, the rental agent is going to ask you a question you might have heard â€" and dismissed â€" before: do you want to purchase rental car insurance?

“Most people think rental car insurance is unnecessary if they carry auto insurance, but spending a little extra money for rental car insurance could be a wise move,” says attorney Martin Sweet of legal information website THELAW.TV.

Before you rent a car, you should make a couple phone calls â€" one to your auto insurance agent and the other to your credit card company. If your auto insurance includes collision and comprehensive coverage, then you will be covered if you get into an accident. If you use a credit card to pay for the rental car, your credit card company might automatically provide coverage as well.

Once you get to the rental counter, you will have the opportunity to purchase several different types of coverage:

·          Loss damage waiver (LDW) â€" This coverage generally costs $9 to $19 a day. LDWs will relieve you of your financial responsibility if the rental car is damaged or stolen. They also typically cover towing fees and “loss of use,” the rental fees the rental car company will miss while the car is in the shop. Credit card companies often provide LDW coverage if you use their cards to pay for the rental car.

·          Liability insurance â€" By law, rental car companies must provide the state-required amount of liability insurance but these amounts are generally low. If you have liability protection on your own car, you might not need this coverage.

·          Personal accident insurance â€" This coverage costs a few dollars a day. It covers you and your passengers for medical bills for injuries caused in an accident. If you have health insurance or your auto insurance includes personal injury protection, you may not need this coverage.

Are you planning to drive your rental car into Canada? Perhaps you’re flying to France and renting a car there. If so, you’ll want to check on the insurance limits those countries require. It’s possible your auto insurance policy won’t be enough.

If you travel with an iPod or a digital camera, you should consider personal effects coverage. This coverage costs just a few dollars a day and provides protection if personal items are stolen from your rental car. Keep in mind homeowners and renters insurance policies often include off-premises theft coverage, which will likely cover you for thefts away from your home, minus the deductible.

There’s one final thing to consider â€" your auto insurance premium. If you decline the rental car company’s insurance and get into an accident, you’ll have to file a claim with your auto insurance company.

“That could result in the company classifying you as a high-risk driver, which could inflate your premiums,” says Jacksonville, Florida personal injury attorney Ronald Sholes the law offices of Ronald Sholes . “You should always speak with an attorney before speaking with your insurance company.”

New Websites Created to Help Car and Personal Injury Victims in California

The Los Angeles Lagstein Law Firm introduces two new websites to provide useful information for victims of car and personal injury accidents.

Los Angeles, CA (PRWEB) November 21, 2011

A car accident or other form of personal injury accident can be a traumatic experience and often leaves the victim with long-term ill effects. When a family member is hurt in an accident, it can place financial and emotional stress on a household. The Lagstein Law Firm understands the difficulties that victims and their families face following an accident. The personal injury attorneys can concentrate on taking care of the legal and insurance matters associated with the accident while the injured can focus on regaining health.

The firm engaged the services of Scorpion Design, Inc., an outstanding website design and marketing company. The company designs website for law firms and attorneys throughout the U.S. These most recent websites are dedicated to car accidents and personal injury accidents: http://www.losangeles-personalinjuryattorney.com.

A visitor to the sites will find them modern, user-friendly and full of helpful information for accident victims. There is information about what to do following an accident including the need to contact an attorney for legal assistance. One can watch an attorney discuss the firm and important cases and their outcomes. The sites allow the chance for the visitor to reach an attorney by phone or online and receive help with a lawsuit or insurance claim.

Mr. Lagstein attended UCLA Law School, where he received recognition as one of the best oral advocates and legal writers in California. Born in Israel and raised in Nevada before moving to California, the physicians in his family had helped him understand medical conditions. With that experience, he has a level of compassion that assists him when representing injury victims. He received Best & Brightest, Stephen Danz & Associates honor in 2008. The firm can represent clients who speak English, Hebrew, Spanish and Greek. Aggressive and thorough case representation has resulted in a record of success and deserved compensation awards for his clients.

Please visit the firm online or call and receive a confidential consultation. Contact a Los Angeles personal injury attorney with the firm today: http://www.losangeles-personalinjuryattorney.com.

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Eran Lagstein
Lagstein Law Firm
(323) 330-0507
Email Information

Teen pleads guilty to fiery fatal wreck in May, could serve up to 8.5 years

The 17-year-old boy from West Scranton who caused a fiery car accident that killed a 22-month-old boy in Ransom Twp. in May could serve as much as eight years and six months in prison after pleading guilty on Monday.

David Ranakoski, currently incarcerated in the Lackawanna County Prison, on Monday pleaded guilty to charges of homicide by motor vehicle, driving under the influence and possession of a small amount of marijuana stemming from the May 9 crash on Dark Region Road that killed toddler Cole Hazelton.

As he sped along Dark Region Road, Mr. Ranakoski was smoking a blunt - or, a cigar filled with marijuana - with four friends in the car when his Ford Focus careened into the rear end of a Jeep Cherokee driven by the infant's mother, Ashley Hazelton, 21, with the child's father, Andrew Carullo, 25, in the passenger seat and Cole in the backseat, according to the complaint.

The crash caused the Jeep to explode and, despite his mother's efforts to pull him from the burning vehicle, Cole died from carbon monoxide poisoning and burns, an autopsy later determined.

A test of Mr. Ranakoski's blood later revealed the presence of cannabinoids, according to the complaint.

On Monday, Mr. Ranakoski appeared before Lackawanna County Judge Vito P. Geroulo and pleaded guilty to homicide by motor vehicle, possession of a small amount of marijuana and driving under the influence.

The homicide charge and the drug charge each carry maximum sentences of seven years and one year in prison, respectively, while only the driving under the influence charge actually carries a mandatory minimum sentence - 72 hours.

Had Mr. Ranakoski been charged with homicide by motor vehicle while driving under the influence, that charge would have carried a minimum sentence of three years incarceration, said Deputy District Attorney Robert Klein, who is prosecuting the case.

While the lack of that charge against Mr. Ranakoski raised the ire of the victim's family gathered in court Monday afternoon, Mr. Klein said authorities could not have levied it against Mr. Ranakoski because there was not definitive evidence that showed impairment actually caused the crash.

While Mr. Ranakoski was driving under the influence of marijuana at the time of the crash, there was no way for authorities to definitively prove that any resultant impairment caused the crash that killed Cole, Mr. Klein said.

"We have to prove that that amount (of cannabinoids in Mr. Ranakoski's system) was the nexus for that death and we don't have that," Mr. Klein said.

Judge Geroulo deferred Mr. Ranakoski's sentencing pending a pre-sentence investigation by the Lackawanna County Probation and Parole.

Contact the writer: domalley@timesshamrock.com

New Hampshire Personal Injury Attorneys at Tenn And Tenn, P.A. Release New Online Resource Center for Auto Accident ...

The personal injury attorneys at Tenn And Tenn, P.A. in Manchester, NH are proud to announce the debut of their new, online resource center with information regarding car accidents and personal injury.

Manchester, NH (PRWEB) November 21, 2011

Designed to help accident victims seek the answers they need relating to their legal rights and options, the NH personal injury resource center offers guidance on how individuals can seek assistance from an experienced NH personal injury attorney.

After a serious car accident, it is common for injured individuals or members of their family to have many questions. To aid in making the aftermath of a car accident as smooth as possible, the new personal injury resource center provides invaluable data from lawyers who have helped people injured in a wide range of motor vehicle accidents. "People who have been involved in a severe motor vehicle accident are often unsure of their legal rights and options. Dealing with the insurance companies can be a daunting task. Our injury lawyers have answered many frequently asked questions, which provide answers to accident victims’ common questions and concerns,” states personal injury lawyer John Tenn, partner at Tenn And Tenn, P.A.

In recognizing that medical treatment is often a primary concern of many accident victims, Tenn And Tenn, P.A. has structured the resource center so it guides visitors through the many possible ways in which they can obtain compensation from negligent parties for medical expenses and other damages. The following personal injury frequently asked questions (FAQ’s) and many other topics are addressed in the resource center :

The NH personal injury lawyers at Tenn And Tenn, P.A. have successfully recovered millions of dollars in compensation for its clients. The attorneys at the firm are members of the Million Dollar Advocate Forum and Multi-Million Dollar Advocate forum, an achievement only held for those top lawyers who have won or achieved million dollar injury recoveries for their clients. The personal injury lawyers at the New Hampshire law firm of Tenn And Tenn, P.A. are dedicated to protecting the rights of persons injured in serious car accidents.

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John J. Tenn
Tenn And Tenn, P.A.
(888) 511-1010
Email Information

Driver pleads guilty in fatal 2010 crash that killed soldier

Anthony Mancheski of Maplewood pleads guilty in a four-car accident in Hastings that killed a Minnesota soldier. (Courtesy of Ramsey County jail)

A Maplewood man has pleaded guilty to charges stemming from a four-car accident in 2010 that killed a soldier.

Anthony Lloyd Mancheski, 21, entered his guilty plea Thursday in Washington County District Court.

Mancheski was charged in August with one count of criminal vehicular homicide - more than a year after the May 3, 2010, fatal crash on U.S. 61 just north of the Mississippi River bridge in Hastings. He initially was issued a misdemeanor careless-driving citation, but prosecutors had it dismissed in favor of the felony charge.

Investigators said Mancheski, who was 19 at the time, caused the crash because he was driving almost 90 mph and aggressively passing other motorists, which caused him to lose control of his BMW. He hit two vehicles while crossing into oncoming traffic, where his car collided with a semitrailer.

The 6:30 a.m. collision mangled a Saturn sedan and instantly killed its driver, Brian J. Jacobson, 34, of Lake City, Minn. Jacobson was a 1993 graduate of Red Wing High School and a member of the Minnesota National Guard. He served two tours in Iraq as part of the 434th Chemical Company.

Mancheski's attorney, Shawn Betts, said Thursday that he and his client discussed the plea deal offered by prosecutors over recent weeks. "Ultimately, he decided this was the best way to go," Betts said.

The alternative would have been a jury trial.

"It's generally understood that if you go to trial and lose, you face the high end of sentencing,

which in this case would have been prison time," Betts said, noting that a trial would have been emotionally difficult for everyone, including the victim's family.

As part of the deal, Mancheski likely will be awarded a stay of imposition, meaning his felony conviction will be downgraded to a misdemeanor if he completes the court's conditions, including 10 years of probation, Betts said.

A judge ultimately will determine the extent of those conditions. It's unclear how much, if any, jail time Mancheski will serve.

His sentencing is scheduled for Feb. 24.

Elizabeth Mohr can be reached at 651-228-5162. Follow her at twitter.com/LizMohr.

Car Overturns in Wales Crash - Update: US Attorney Says Driver Was Fleeing Agents, Threw Cocaine from Vehicle

Update Nov. 17 (new info below). At least one person was injured Tuesday in a rollover car accident on Route 20 and Two Rod Road in Wales and was taken to the hospital by Mercy Flight. The crash occurred around noon on Nov. 15.

No details were released at the time, though one witness stated the driver of the vehicle had tried to evade police. The vehicle was heavily damaged and came to rest upside down in the southwest corner of the Mobil gas station parking lot. The Wales Center Fire Company was on scene to assist with the incident.

There were also several police agencies on hand, including Drug Enforcement Administration officers, New York State Troopers and Erie County Sheriff’s deputies.

Update: The office of United States Attorney William J. Hochul, Jr. released information Nov. 17 about a multi-agency drug investigation, as well as the circumstances surrounding a Nov. 15 car crash in the Town of Wales.

According to Assistant United States Attorney Michael McCabe, who is handling the prosecution of this case, agents of the U.S. Drug Enforcement Administration attempted to stop a vehicle driven by Richard Himbury in East Aurora on Nov. 15. Himbury sped off, but lost control and flipped his car at the intersection of Route 20A and Two Rod Road.

Himbury, a 40-year-old Tonawanda resident, was a target in an investigation by federal, state and local law enforcement officials, and was charged with possessing and trafficking in substantial amounts of cocaine and marijuana.

An additional person was also arrested in connection with the investigation. If convicted of these charges, the defendants face a mandatory term of imprisonment of ten years, a maximum sentence of life, and a $10 million fine.

Agents reportedly recovered four ounces of cocaine which Himbury threw out his car window during the chase. Continuing their investigation, agents proceeded to the defendant's residence at 19 St. Amelia Drive, Tonawanda. There, they allegedly found approximately eight kilograms of cocaine, one-hundred pounds of marijuana, and $120,000 in U.S. Currency.

"This week's arrests and seizures demonstrate that there is a tremendous amount of cocaine and marijuana entering our Western New York community,” U.S. Attorney Hochul stated. “Fortunately, the many pounds of narcotics successfully seized by law enforcement will no longer be available to pollute our streets or harm our residents. The public and traffickers alike should know that this office is committed to pursuing traffickers and their sources of supply, and it makes no difference whether such defendants live or operate in our cities, suburban or rural areas, or even if they may be located out of our state or our country."

DEA Acting Special Agent in Charge Wilbert L. Plummer stated, "Over $750,000 worth of illegal drugs were being distributed by this drug trafficking organization throughout our streets in the Buffalo area. DEA and our federal, state and local counterparts have been committed to ridding our community of drug supply, demand and abuse. These arrests also have brought this organization to face to the consequences of their illegal actions to the courtroom full of their peers."

The arrests and seizures were the result of a joint and continuing investigation on the part of Special Agents of the Drug Enforcement Administration (DEA) and Investigators from the Buffalo Police Department, the Lockport Police Department, the Tonawanda Police Department, the Amherst Police Department, the Erie County Sheriff's Department, the New York State Police, the Lancaster Police Department, the Casino Division of the Cattaraugus County Sherriff's Department, and the Southern Tier Regional Drug Task Force.

Related Items

Grand jury for NUPD cop accident will convene at year's end

NEW ULM - The grand jury that will decide if charges will be filed in the fatal accident involving a New Ulm police officer will convene in late December or January, according to Redwood County Attorney Steve Collins.

Collins, who is special prosecutor for Brown County in this case, is responsible for calling the grand jury. He took over the case in September. In early November, he decided to turn the case over to a grand jury.

He said he expects the process to conclude quickly once the grand jury is called.

"I know the evidence. So, I don't expect the grand jury to take more than a couple days to decide," said Collins.

Collins will represent the prosecution for the grand jury's proceedings.

He said he felt a grand jury was the appropriate method to deal with a police officer-related fatality. He said he discussed his decision to call a grand jury with members of the victims' families before proceeding.

The report from the Minnesota State Patrol on the accident will not be available until the grand jury makes a decision on charges.

The double fatality accident occurred on July 8 on North Garden Street. A squad car driven by Patrolman Mathew Rasmussen collided with a car, resulting in two deaths. The passenger, Brian Wichmann, 60, of Mankato, died the day of the accident. The driver, Myra Meyer, 82, of New Ulm, who was Wichmann's mother, died at Hennepin County Medical Center on July 19.

(Josh Moniz can be e-mailed at jmoniz@nujournal.com)

Accident involving distracted trooper under investigation

The Iowa State Patrol said it is likely to forward an accident report to the Black Hawk County attorney’s office for a decision on possible traffic charges in a four-vehicle crash involving an Iowa State Patrol trooper.

The accident occurred near the University of Northern Iowa Dome at 3:55 p.m. on Nov. 11 during a sporting event, officials said. Trooper Jeremy Schaffer was distracted by a vehicle parked in the grass at the side of the road. When he looked back to the front, cars were stopping ahead of him.

An accident report says he did not have time to stop. The patrol cruiser struck the back of a vehicle driven by Elizabeth Wilson, 18, of Cedar Falls. The impact pushed Wilson’s car into the back end of a vehicle driven by Melissa Nicholson, 34, of Waterloo. Nicholson’s vehicle was pushed into the back of an SUV driven by Josef Gindorff, 31, of Waterloo.

An accident report does not list injuries to any of the drivers.

Officials said the vehicles ahead of the patrol cruiser were stopped because of a traffic jam on Hudson Road.

The trooper’s attention “was drawn to a passenger vehicle that parked on a grass area facing southbound.” Officials said there was not enough distance for the trooper to stop in time.

The accident was investigated by the Iowa State Patrol rather than Cedar Falls police. Officials said local police departments can and do investigate accidents involving other law enforcement agencies, but in this case the State Patrol investigated one of its own crashes.

State Patrol diagram of accident. Trooper's cruiser is number one.

Royster indicted on felony charge

Senior Lee Royster will face a felony charge related to the car accident that killed classmate Matthew Grape Sept. 14.

The Durham County grand jury indicted Royster Monday on the charge of felony death by vehicle, said Candy Clark, administrative assistant at the Durham County District Attorney’s office. Royster is tentatively scheduled to appear before a judge the week of Dec. 5, though the final court calendar has not been issued.

Assistant District Attorney Kyle Pousson, Law ’08, is the prosecutor in the case. Pousson declined to comment, citing pending litigation.

Under North Carolina law, felony death by vehicleâ€"a Class E felonyâ€"is an impaired driver unintentionally causing the death of another person when impairment is deemed to be the proximate cause of death.

According to North Carolina sentencing guidelines, a person guilty of a Class E felony without a prior record could serve 15 to 31 months in prison or under supervised probation among other conditions, such as house arrest.

Durham attorney Bill Thomas is Royster’s attorney in the case. Thomas confirmed the indictment and noted that it has not yet been served. A court date is contingent upon service of the indictment.

“We are making arrangements for [service of the indictment] at this time,” Thomas said. “Service of an indictment may or may not include an arrest.”

The car accident occurred near the intersection of Academy Road and Duke University Road at 2:40 a.m. Sept. 14, according to a DPD incident report. Royster, the driver of the car, was charged with driving while impaired following the accident.

The DWI charge was dismissed Oct. 5, citing the reason “for inclusion on future indictment,” according to the court document signed by Pousson.

Thomas added that the felony charge will be evaluated under the case management process.

Case management procedures recommend that Class E felonies be plead out or tried within 12 months of the indictment, though the timeframe is variable depending on the circumstances of the case, Clark said.

In these types of cases, the prosecution has to gather further information following the initial indictment, said Durham attorney Bob Ekstrand, a former professor at the School of Law and Law ’98. Ekstrand, who is not involved in Royster’s case, specializes in criminal defense.

Proof of impairment may be the most critical piece of evidence in cases like these, though other facts and circumstances surrounding the incident can significantly alter the outcome of the case, Ekstrand.

Royster’s blood alcohol concentration at the time of the accident is not yet known, DPD public information officer Kammie Michael wrote in an email Tuesday.

“It is important to resist the impulse to draw conclusions without the facts and fill in the factual gaps that always exist simply because a charge was filed,” Ekstrand said. “The point of a charge is to put a person on notice... but they are presumed innocent.”

Royster is still enrolled as a student, Dean of Students Sue Wasiolek said. The administration generally handles felony charges against students on a case-by-case basis.

Wasiolek added that the Office of Student Affairs remains dedicated to addressing the consequences of alcohol use.

“We have and will continue to provide educational opportunities for students to learn how to best avoid the negative consequences associated with alcohol,” Wasiolek said. “We are highly committed to a harm-reduction approach.”

The night of the accident, Royster was driving south on Academy Road in a Chevrolet Equinox with Grape riding in the passenger seat, according to the DPD incident report. The vehicle was traveling at 65 mph in a 35 mph zone before veering into the opposite lane and going off the road.

Grape was pronounced dead at the scene, according to a report by the Office of the Chief Medical Examiner. Grape’s probable cause of death was blunt force trauma to the head. He was wearing a seat belt at the time of the accident. It is uncertain whether Grape had been drinking that night.

Royster was taken to Duke University Hospital for treatment of injuries before being released later that morning.

Top prosecutor cited for DUI after Selah car accident

Top prosecutor cited for DUI after Selah car accident

By Chris Bristol
Yakima Herald-Republic

YAKIMA, Wash. â€" Kittitas County prosecutors have tentatively agreed to handle the drunken driving case against Yakima County Prosecutor Jim Hagarty.

Prosecutors in the two counties frequently handle potential conflict-of-interest cases for each other, Yakima County Chief Criminal Deputy Ken Ramm said Wednesday.

"I've asked them if they would be willing to take the case, and they've indicated they could handle it," he said, adding that Hagarty's counterpart in Ellensburg, Greg Zempel, was in trial Wednesday and had not formally approved the plan.

Hagarty's arrest after a minor collision in Selah on Tuesday night raised several sticky procedural problems for local authorities as well as accountability questions for one of the county's top elected officials.

Hagarty, 61, was taken into custody after he rear-ended another motorist on South First Street about 7:15 p.m. Hagarty lives in Selah. No injuries were reported.

A spokesman for the Washington State Patrol, which made the arrest, said Hagarty was issued a DUI citation after taking a breathalyzer test at the Yakima County jail.

The State Patrol refused to immediately release the results of the test.

Reached on his cellphone Wednesday morning, Hagarty initially declined to comment or answer questions regarding how the arrest will affect his job and the prosecutor's office.

Hours later he released a statement via email apologizing for his arrest.

"I sincerely regret this unfortunate incident, and am thankful that no one was injured," he said, adding "I regret the lack of appropriate judgment made by me in this situation."

In his statement, Hagarty stressed he wasn't booked into the county jail but had been released to the custody of his attorney, whom he did not name.

He said he was taken to the jail only because the breathalyzer machine at the State Patrol offices in Union Gap was not working.

Hagarty said he is "ready to accept responsibility and the consequences of my actions," but did not elaborate.

"Please do not let my personal mistake diminish the hard work and successes of the members of the Prosecuting Attorney's Office," his statement said. "They work hard each day to make Yakima County a better place."

The county's four District Court judges immediately recused themselves from hearing the case and are seeking appointment of a judge from Kittitas County, said Yakima County court consultant Harold Delia.

Drunken driving cases are usually handled at the District Court level.

As the county's elected prosecuting attorney, Hagarty is on a peer level with other elected county officials such as Sheriff Ken Irwin and cannot be disciplined by the Board of Commissioners.

It is unlikely he will voluntarily step down. Unlike some elected prosecutors, Hagarty personally handles a busy criminal trial caseload, including the prosecution of Kevin Harper, who is accused killing three people at their Falcon Ridge home wet of Yakima.

A former federal prosecutor and Klickitat County prosecutor in Goldendale, Hagarty became Yakima County's top prosecutor in December 2008 after the county commission picked him to replace the retiring Ron Zirkle.

Since then Hagarty has won two elections, including a 72 percent landslide last year that won him a full four-year term through 2014.

Vigil planned for four students killed in crash

PERU â€"

PERU â€" State Police are investigating the cause of the horrific accident that killed four students Tuesday evening.

Authorities believe Brandon Rennert, 17, of Peru was driving the car that struck and killed two foreign students â€" Dat T. Ong, 17, of Vietnam and Chu Xiong, 18, of China â€" who were walking along Peasleeville Road just before 5 p.m.

The car then hit an earthen embankment several hundred feet away and exploded in flames. Rennert and his girlfriend, Samantha Donah, 17, of Plattsburgh, who was a passenger in the car, also died.

Rennert, whose surname had been Sorrell before he changed it after a divorce in his family, was a senior at Peru Central School. Donah was a junior at Beekmantown Central, and Ong and Xiong were Seton Catholic Central School students.

Because of severity of the fire, positive identification for Rennert and Donah was pending dental-records study and DNA testing, State Police Bureau of Criminal Investigation Lt. Brent Davison said Wednesday.

What remained at the location of the accident were some charred pieces from the 1997 white Mercury Sable that Rennert was driving, skid marks in the road â€" and flowers and candles left Wednesday by mourners.

WALKING TO STORE

At a news conference Wednesday afternoon, Davison said Rennert and Donah had been traveling west on Peasleeville Road on their way to his parents’ house to drop something off.

Ong and Xiong were walking in the same direction, on their way to a store down the road from their host family’s home on Peasleeville Road. State Police didn’t know if they were walking on the shoulder or on the road itself.

It was common for the two to walk to the store together, police said.

‘terrible tragedy’

That section of road, east of Peasleeville Cemetery and bordered on one side by forest and the other by sparsely spaced homes, is not well-lit, Davison said. He believed Ong and Xiong were wearing dark clothing.

State Police were unsure how fast Rennert was driving. Davison did say that the debris field and tire marks “were substantial” and that he could confirm they weren’t driving as slow as 30 miles per hour. The speed limit on Peasleeville Road is 55.

“That’s why we have our collision-reconstruction guys. They can come up with a pretty close estimate when the final investigation is done.”

When police arrived, the car was on its side over the embankment.

The investigation was ongoing, and Davison said they would release details of what happened as they became confirmed.

“This is one of the worst accidents I’ve seen,” he said. “It’s obviously a terrible tragedy. Four people at the prime of their life lost their lives, and it’s nothing short of tragic.”

AUTOPSIES

Autopsies on the students began Wednesday with the expectation that cause of death for each would be determined, Davison said. Autopsies on the students began Wednesday with the expectation that cause of death for each would be determined, he said. Toxicology tests would be performed if doing so proved relevant, authorities said, and cell phones would be checked to see if texting or other use might have been a factor.

He said State Police were aided after the crash by Clinton County Sheriff’s Department, the Clinton County coroner, the Troop B Collision Reconstruction Unit and the Clinton County district attorney.

Any time there is a fatal accident in the county, DA Andrew Wylie wants to be involved, Davison said.

“This is a complicated investigation. It is certainly tragic, (and) there are a lot of different pieces and parts involved, so we will take our time and make sure it’s done properly.”

A candlelight vigil to celebrate the lives of all four students was set for 8 p.m. at U.S. Oval in Plattsburgh.

News Editor Suzanne Moore contributed to this report.

SeaWorld employee says killer whale risk "acceptable"

Man gets himself arrested by accidentally sending texts about buying drugs to a state trooper: http://t.co/LliNdxta

Houston Bicycle Accident Attorney: Texas Drivers Must Safely Share The Road With Cyclists

When accidents result from a driver’s reckless or careless acts, injured cyclists and their families may be entitled to compensation, says Brad T. Wyly of The Wyly Law Firm, P.C.

Houston, Texas (PRWEB) November 16, 2011

A string of fatal bicycle accidents in the Houston area in recent weeks should serve as a reminder to both cyclists and drivers about the need to behave responsibly on the roads, Houston bicycle accident lawyer Brad T. Wyly said today.

The first two days of November were deadly for cyclists, according to reports from the Houston Chronicle and KHOU Channel 11. A 58-year-old Harris County man was riding a bike when he was struck from behind on a dark road on November 1, and a teenage cyclist was killed in a separate crash on November 2.

“These two bicycle accidents are tragedies, and sadly, they join dozens of others that occur in Texas every year,” said Wyly, whose Houston personal injury law firm represents clients who have been injured in bicycle accidents in Houston, Galveston, Beaumont and Harris County. “Sadly too many cyclists are killed or severally injured on our roadways because drivers do not exercise proper caution while behind the wheel.”

Forty-two Texas cyclists were killed in bicycle crashes in 2010, statistics from the Texas Department of Transportation show. That’s a 13 percent decrease from 2009, when Texas had the third highest number of bicycle-car accident fatalities in the country, according to the National Highway Transportation Safety Administration. Overall, 630 cyclists died and 51,000 were injured in crashes across the U.S. in 2009, NHTSA reports.

“People do not always realize that cyclists have the same rights and responsibilities as every other driver on the roads,” Wyly said.

“Drivers should view cyclists with the same respect as any other motorist or pedestrian,” the Houston personal injury lawyer said. “The problem is that some drivers see cyclists as nuisances instead of neighbors on the roads, and that’s when accidents can happen.”

Aggressive driving is hardly the only cause of deadly accidents. Bicycle-car collisions often happen when a car is pulling out of an alley, parking lot or driveway and fails to see a cyclist. Other causes include distracted driving, speeding, and opening front doors without checking for oncoming cyclists.

“Cyclists are generally more likely to sustain life-threatening injuries in crashes with cars, trucks and other objects,” Wyly said.

“That’s because they have nothing protecting them from direct impact with a vehicle or the pavement when a collision occurs,” he explained.

Head injuries are the most common type of injury associated with bicycle accidents, and 91 percent of bicyclists killed in 2009 were not wearing helmets, according to the Insurance Institute for Highway Safety.

Texas does not currently have a law requiring bicyclists to wear helmets. But helmets are a form of self-protection that every cyclist should invest in, according to Wyly.

When a wreck occurs, injured cyclists and their families may have grounds to file a lawsuit if another driver’s reckless or careless actions caused the wreck.

“An experienced bike accident attorney can investigate who is at fault and advise victims of their legal options,” Wyly said. “A successful negligence claim can provide much-needed compensation for families who are struggling to pay astronomical medical bills after a devastating crash.”

But being safe is not only the responsibility of automobile drivers, Wyly cautioned.

“Just as drivers are responsible for driving safely on the roads, so are cyclists,” the Houston accident attorney said. “Liability applies both ways, so it is crucial for every traveler to exercise care when they hit the roads.”

About Wyly Law Firm, P.C.

The Wyly Law Firm, P.C., is a Houston law firm that represents personal injury victims, including those injured in car, truck, motorcycle, bicycle or pedestrian accidents, throughout Houston and surrounding communities, including Harris County, Baytown, Pasadena, Galveston, Beaumont, Bellaire, Cloverleaf, Spring Valley, Missouri City, Aldine and Jersey City. The firm also handles first party insurance claims and business law issues and disputes.

Attorney Brad T. Wyly, the firm’s owner, is a skilled negotiator and lawyer. Wyly has extensive experience in personal injury cases, including claims involving complex accidents, catastrophic injuries and wrongful deaths. He has been named a Rising Star in Law & Politics magazine. To contact Wyly Law Firm, P.C., call (713) 574-7034 or use the firm’s online form.

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Brad T. Wyly
Wyly Law Firm, P.C.
(713) 574-7034
Email Information

Video: Deputy rescues deer after it wouldn't leave road

A stunned deer that was involved in a car accident Friday night stood in the roadway for almost 25 minutes before a deputy picked up the animal and moved it to safety.

The scene in Huron County plays out on patrol car video released by the Sheriff’s Office.

Huron County Sheriff Deputy Ryan Swartz responded to the accident call in Dwight Township. The doe, which had survived being hit by a car, hadn’t moved from the roadway when he arrived at the scene, so he decided to move it out of the roadway to prevent another accident from happening.

In the video, Swartz walks up to the deer and touches it, but the animal doesn’t budge from its position in the middle of Hellems Road.

Swartz bends over, picks up the doe and carries it to the side of the road. Then he decides to take it to the opposite side of the road so it will be more difficult for the deer to run back into traffic, Sheriff Kelly Hanson said.

It takes the deer a few moments to run off.

Swartz estimated the deer was 80-pounds and said it was born this spring.

He said he’s handled about 900 car accidents involving deer over his nearly 10-year career but has never seen one react to an accident the way this doe did.

“I figured it would run away when I got closer,” Swartz said. “It just stood there.”

He said he would rather it live, but needed to get it off the road for safety. The deer was stunned at first but got its bearings and took off running in the field after a bit.

Today Swartz took the day off to go deer hunting.

“It’s pretty ironic, huh,” he said.

Hanson said he doesn’t recommend moving a deer, but acknowledged Swartz has many years of experience with deer and said the other option was to euthanize the animal.

“Fortunately his way worked out,” he said.

Father charged with hindering paramedics no longer faces felonies

WINFIELD, W.Va. -- A Hurricane father involved in a scuffle with emergency personnel at the scene of his daughter's car accident no longer faces felony charges.

In January, police charged Rudy Falbo, 41, with hindering an emergency rescue -- a felony -- after his daughter's Ford Explorer was T-boned by another car at the intersection of U.S. 60 and Sycamore Road. Falbo could have faced 30 years in prison.

The charges were bound over to the grand jury in February, but Rudy Falbo was never indicted. Recently, prosecutors reduced his charges to misdemeanors, and in turn, are not required to present their case to a grand jury.

"We do think what he did is serious enough for him to be charged criminally, but in light of the circumstances we feel these are more appropriate charges based on the characteristics of the case," said Putnam County assistant prosecutor Kristina Raynes.

Rudy Falbo is now charged with eight misdemeanors: obstructing an officer, battery of a government representative, two counts of battery of an emergency service personnel, three counts of assault of a government representative, and obstructing or causing bodily injury to emergency medical service personnel.

His trial is set for Jan. 23, 2012 in front of Putnam Circuit Judge Phillip Stowers. His attorney Jamie Fox of Hurricane, said he will demand a jury trial.

According to criminal complaints filed in Putnam County Magistrate Court, paramedics and volunteer firefighters repeatedly told Rudy Falbo to get out of the way at the scene of the accident.

Hurricane police Patrolmen J.M. Kerr and C.K. Eggleton, also told Rudy Falbo several times to move, the complaint states.

"Kerr [then] pulled Mr. Falbo out of the way by his belt and at that point Mr. Falbo began pulling away and fighting," allegedly assaulting two firefighters and three paramedics in the process, the complaint states.

"[In] the course of Mr. Falbo fighting he was taken to the ground where he resisted arrest and then got back up and was pinned against a fire truck, and Officer Eggleton applied the Taser to Mr. Falbo."

Josh Falbo, Rudy Falbo's son, allegedly shoved two firefighters and threw a punch that missed, according to the complaints.

Why A DUI Hit And Run Is Hard To Prosecute

When a drunk driver flees the scene and cops can't catch them right away, how does this change the case against them? 11 News asked the District Attorney’s office that question Tuesday following a hit and run accident.

This one happened on Colombia Road on the west side of Colorado Springs. Cops were able to catch up to the suspected drunk driver a few miles away and arrest him, but it doesn't always work out that way.

Video you’ll only see on 11 News was taken by the victims. Monday night a suspected drunk driver rammed into their car parked in front of their home.

He was trying to un-wedge his car from theirs. They say he became very angry and confrontational after they told him they were calling cops.

The suspect can be heard in the video saying "I'm going to jail, it doesn't matter."

It took police more than 15 minutes to show up. In that time, the driver broke free and sped off.

"A case like this, somebody could've been hurt pretty bad because he was really drunk," witness Kevin Talbot said.

Cops caught up with him two miles away. CSPD told 11 News the driver was facing several charges including DUI.

We asked the District Attorney’s office what happens if the driver gets away and isn't caught until after the alcohol wears off?

"It's very difficult to prosecute someone. It's incredibly frustrating, most likely, many times the person who caused the crash may have been intoxicated,” Deputy District Attorney Beth Reed said.

The D.A. also said the blood alcohol level is the best evidence but they can use other evidence to help make their case against drunk drivers who get away.

If you refuse a breathalyzer or road test, your license is immediately taken away. A recent Colorado study found that a drunk driver can expect a jail sentence that's 25-percent longer than a hit and run driver.