Teen acquitted on vehicular homicide, found guilty on DUI

By
|
Posted on Nov 02 2004
Share

The Superior Court yesterday acquitted a 17-year-old teenager on a charge of vehicular homicide, in connection with a vehicular accident that fatally injured a 13-year-old boy during the wee hours after Christmas Day.

The court, however, found Raymond B. Blas guilty of driving under the influence of alcohol and reckless driving. Associate Judge Juan T. Lizama set Blas’ sentencing on Nov. 17.

A jury handed down the verdict on the vehicular homicide charge. Lizama then made his determination on the DUI and reckless driving charges, which are both considered misdemeanor offenses.

The court went on to hand down the verdict after the Supreme Court dismissed the Attorney General’s Office’s appeal asking for the inclusion of a piece of evidence, particularly test results of blood drawn from the defendant, which would indicate his level of intoxication when the vehicular mishap happened after Christmas Day, Dec. 26, 2003.

Prosecution lawyers had wanted a laboratory technician at the Commonwealth Health Center, Christopher Boone, to testify on the blood test. However, Boone, who was represented by assistant attorney general Debra Knapp, wanted the summons on him quashed.

The blood tests reportedly indicated that the defendant’s blood alcohol content right after the vehicular accident was 0.16, which was 16 times the legal limit of 0.01 for minors or two times the legal limit of 0.08 for adults.

“If not admitted, it is likely that the Commonwealth will not be able to meet its burden of proof in this case,” CNMI chief prosecutor David Hutton earlier said in appeal documents.

After the verdict was handed down yesterday, Hutton said that the prosecution’s case “would have been stronger” had the Supreme Court upheld the AGO’s appeal.

He said, though, that the prosecution respects the decision of the courts and the jury. “I believe justice is served,” he added.

The appeal temporarily stopped the trial court proceedings last week. The Supreme Court ruled on the appeal Friday, which was opposed by Blas’ lawyer, Brien Sers Nicolas, who asked for the appeal’s dismissal.

“Based on the record before us, we find that the Commonwealth has no right to appeal…at this time,” the Supreme Court said in its judgment. “This court issues its decision at this time to avoid further delay in the action before the trial court and will issue its reasoning and analysis at a subsequent date.”

After the jury declared Blas “not guilty” of vehicular homicide, Lizama explained that he was duty-bound to rule on the DUI and reckless driving charges and that his determination might differ from the jury’s verdict.

The proceeding packed one side of the courtroom’s gallery yesterday afternoon.

When the proceeding was over, Blas went out from the courtroom unescorted on his way out from the Guma Hustisia Building. “No comment,” he said tersely to reporters.

Prosecution lawyer Grant Sanders said he was disappointed with the jury’s verdict on the vehicular homicide charge, but was satisfied with the judge’s determination on the other charges.

Sanders added, though, that he respects the decision of the jurors. “The jury has spoken.”

Sanders said Blas drove a pickup truck on the wee hours after Christmas Day when the vehicle rammed against a light post, throwing away and injuring the 13-year-old victim, who was among his passengers.

Sanders said the victim was rushed to the Commonwealth Health Center, but the boy eventually died.

Disclaimer: Comments are moderated. They will not appear immediately or even on the same day. Comments should be related to the topic. Off-topic comments would be deleted. Profanities are not allowed. Comments that are potentially libelous, inflammatory, or slanderous would be deleted.