2nd Driver on Trial in DUI Death Case; Did Good Samaritan Cause His Own Death?
There were three drivers involved in one fatal Florida traffic accident in 2007, each of whom allegedly had been driving under the influence.
James Braley initially rear-ended a Jeep, which flipped over on Interstate 75 near Tampa, authorities say. He allegedly had a blood-alcohol content of 0.219 percent. Then Amir Sarhaddi spotted the accident as he was driving on the freeway and stopped to help. His BAC was 0.13 percent.
Finally, Jessica Paquette crashed into the existing accident, and Sarhaddi died, reports the St. Petersburg Times. Her BAC also was 0.219.
Now, two years later, Paquette, 26, is expected to testify soon at a trial over the accident. Not her own—she accepted a plea bargain and was sentenced to five years for DUI manslaughter earlier this year. However, Braley is now at trial on the same charge in the same accident, even though he never touched the good Samaritan.
Under state law, an intoxicated person can be convicted if he drunkenly caused or contributed to another individual’s death. And, but for Braley’s intoxication, Sarhaddi wouldn’t have been killed in the accident, a prosecutor argued yesterday during opening statements.
However, attorney Rick Giglio, who represents the 39-year-old Braley in the Hillsborough County case, says Sarhaddi’s own negligence caused the accident.
“He made the decision to leave the safety of his car and run into the middle of one of the busiest roadways in Florida,” Giglio told the jury. “Mr. Sarhaddi is ultimately responsible for the results of that decision.”
