There are certin things that I will probley never know why they happend, but one thing that I can not figure out is why State District Judge James Blackmer took a fenalny DWI charge, and changed it to a mistimenaer DWI charnge. I mean, shit, it's the one thing that we are all sure on, HE WAS DRUNK!. Fuck, and we wonder why this state has a problem with drinking and driving.
Also, I know that this has to be hard for the other family, but still, I dont understand the logic some people have. Just read this:
"Mishall's attorney, David Serna, said Mishall family members do not understand how the jury arrived at the guilty verdicts. 'We are having a difficult time processing how the jury got to their verdict,' Serna said. 'This is a case where all of the witnesses testified the boy was in Justin's traffic lane.'".
Ok, maybe he did cross on the red light, but you know what, HE WAS STILL DRUNK. I dont care if someone steps out in front of a car, if that driver is drunk, then he/she should be found gility in his death of the other person.
So, to make a longer post, just flat long, I'm happy that he was found gility, cus they could have found him not-gilty on any charges, but I dont think he is going to be sent away longenuff.
Well, If you want to read the whole story, it is below.
Story Taken from www.abqjournal.com
Jury Convicts DWI Driver in Death of Teen Bicyclist
By Carolyn Carlson
Journal Staff Writer
An Albuquerque jury Wednesday found Justin Mishall guilty on five counts for driving drunk and killing a 14-year-old boy who was riding his bicycle on the West Side.
Mishall's Nissan Pathfinder crashed into Reece Nord at the intersection of Taylor Ranch and Montaño on Sept. 2, 2002.
Nord, a freshman at Cibola High School, was riding his bike home from a friend's house on Labor Day when he was killed.
His mother, Barbara Nord, has described her son as the type who ate his dessert first. His father, Mike Nord, has said his son liked skateboards and music. "He played all sorts of instruments; he was a good student," he has said.
The jury deliberated for eight hours before finding Mishall, 28, guilty of vehicular homicide while under the influence of alcohol, reckless driving, driving while intoxicated at or above .08 percent, open container and an alternate count of driving while under the influence.
State District Judge James Blackmer said the vehicular homicide charge is a third-degree felony and alone can carry up to an eight-year sentence.
Mike Nord said the family was relieved the trial was over.
"Both families have suffered a lot during this trial," he said after the verdict was read. "It has been a long two and a half years without my son."
Nord said he hopes city and state officials take a hard look at "the growing magnitude of DWI in our community."
When asked what he thinks his son would think of the outcome of the trial, Nord said, "He would be telling us to keep going and it was time to move on."
He praised the police and the Bernalillo County District Attorney's Office for its hard work in this case.
Mishall's attorney, David Serna, said Mishall family members do not understand how the jury arrived at the guilty verdicts.
"We are having a difficult time processing how the jury got to their verdict," Serna said. "This is a case where all of the witnesses testified the boy was in Justin's traffic lane."
Serna said a decision to appeal has not been made. "We will be reviewing the trial and weighing our options," he said.
Three jurors spoke with Nord family members after the verdict. They declined to give their names but said the entire jury felt sympathy for both families.
"We had a very difficult decision to make," one said. "We feel saddened by the fact that we get to walk away today but the two families will never be able to walk away."
They said no single issue led them to the verdicts.
In closing arguments, attorneys from both sides agreed Mishall had been drinking and there were open containers— beer cans and a bottle of Southern Comfort— in his SUV when the crash occurred. They also agreed that the lack of a continuous bike lane and crosswalk striping at the intersection could have contributed a small degree to the accident.
Police testified that Mishall's blood-alcohol level was 0.13 and 0.14 two hours after the incident. The levels are nearly twice the legal limit.
At the scene, Mishall first told police he had been drinking but was not driving when the crash occurred. Later, he told police he was driving.
Mishall also told police that he had seven beers before getting behind the wheel, a police report says.
Three friends who were with Mishall in his SUV said Mishall had been drinking, and one testified Mishall had smoked marijuana with him earlier in the day. They also testified that Mishall was driving recklessly and that they had asked him to slow down before Nord was hit.
Police reports say the three friends initially told police Mishall was talking on a cell phone at the time. But during the trial, they testified they were unsure whether Mishall was talking on the phone when the crash occurred. Mishall has denied talking on a cell phone at the time of the crash.
During the trial, a police officer alluded to Mishall's concern for his dog, which was in the SUV. In a police tape Mishall is heard saying, "Man, let the kid die. ... But what about my dog? That is not nice to say it. The kid died, see. ... "
But the jury was not allowed to hear that comment as Blackmer ruled a year ago that it would be excluded.
Prosecutors said evidence showed Mishall was drunk and did not know what lane he was driving in when he first saw Reece Nord. They said if Mishall had not been impaired he would have been able to avoid hitting Nord even if the boy was in his lane of traffic.
However, they said Nord was within the bike lane area when he was hit.
One of Mishall's friends testified that Nord had crossed against the light.
Police officers testified Mishall could have avoided hitting Nord. One officer said instead of swerving away from Nord, Mishall swerved toward him.
A traffic reconstruction expert for the defense testified that a skid mark in the road could not have been made by the SUV and that Mishall did not have time to brake because Nord darted into the SUV's lane.
Defense attorney Serna said several witnesses who were not in the SUV testified they did not think Mishall could have avoided hitting Nord. Serna said whether Mishall was drunk or not did not make a difference in Nord's death. He said evidence supported Nord dashing into the street into the SUV's path.
He also said Mishall was not driving recklessly.
The defense also raised questions about the thoroughness of the police department's investigation of the crash scene. Police officers conceded accurate measurements were not taken because of equipment failure. They also said some of the accident's investigative file had been lost.
Mishall is out on a $75,000 bond, and Blackmer let bond conditions stand until a Feb. 4 bond hearing. Mishall's sentencing is set for 1:30 p.m. April 8.