The re-trial of a Lubbock woman found guilty of intoxicated manslaughter will stay in the Hub city, for now. Wednesday morning during a pre-trial hearing for the Callie Long case, Judge Brad Underwood denied the defenses motion to move the trial due to improperly filed paper work. The defense plans to re-file that paperwork.
In 2005, a jury convicted Long of intoxicated manslaughter. The jury found Long had killed bicyclist, Brett Walrath, in a hit and run accident in August of 2003. Last April, the Amarillo Court of Appeals reversed the decision and granted long a re-trial.
NewsChannel 11 was told Long is now on trial for a lesser charge of failure to stop and render aid. A charge, that stems from a night of drinking nearly four and a half years ago.
On August 27, 2003 police dash cameras capture officers instructing Long through several sobriety tests. Long failed field sobriety tests and later was found to have a blood alcohol concentration of .13, nearly one and half times the legal limit.
Long admitted to having two glasses of wine at a party, followed by a cocktail at Outback Steak House with a group of people. Court records show bicyclist Brett Walrath was riding East on the South Loop 289 access road, when long stuck him in a Lexus sedan.
Inside a Lubbock police car, dash cameras record Long saying, "That body had to be thrown awfully hard against my car to make that kind of damage." In 2005, a jury convicted Long of intoxicated manslaughter and sentenced her to two years in prison.
Long's Defense Attorney, Dan Hurley said, "We will begin the appeal immediately, there were things done wrong in this trial." The case eventually ended up in the Amarillo Court of Appeals, which reversed the guilty verdict last April. The appeals court found Long was not given a fair trial, because jurors were never given the option of convicting her on the lesser charge of failure to stop and render aid. Therefore, Wednesday morning both sides were in court again, all because of a fateful night.
Due to of all the media coverage surrounding this case, the judge ruled that a questionnaire would be given to potential jurors to find out how much they already know. This is similar to the high profile capital murder case of Rosendo Rodriguez. That trial was moved to Canyon last week.
Failure to stop and render carries a punishment of up to five years in prison, up to one year in county jail or a fine up to $5,000. Long's trial is set for February 25th.
|Tell us what you think...|
Kcbd.com Message Boards