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State v. Berkeley5/30/2001
CONVICTION AFFIRMED; SENTENCE VACATED; REMANDED.
STATEMENT OF THE CASE
On June 3, 1998, the Jefferson Parish District Attorney filed a bill of information charging defendant, Augustus J. Berkeley, with first degree negligent injuring of Marie Mansfield, a violation of La. R.S. 14:39.2. Defendant was arraigned on November 23, 1998, and pled not guilty. On June 15 and 16, 1999, the case was tried before a six-person jury, which unanimously found defendant guilty as charged. Defendant was sentenced on October 19, 1999 to imprisonment at hard labor for five years, with the sentence suspended, and defendant was placed on active probation for five years. This appeal ensued.
FACTS
Deputy Scott DeJong of the Jefferson Parish Sheriff's Office testified that on March 1, 1998, he responded to a call regarding a severe accident with injury at the intersection of Veterans Boulevard and Martin Behrman Street in Metairie. When DeJong arrived at the scene, he observed defendant behind the wheel of a black compact pickup truck facing west in the middle lane of Veterans Boulevard. DeJong observed a Toyota Camry on the median. The female behind the wheel of the Camry was unconscious and had to be extricated from her vehicle with the "jaws of life."
DeJong testified that at the scene of the accident, defendant was uncooperative, had slurred speech and smelled of alcoholic beverages. Defendant was not confused, incoherent or unaware of what happened, but he was reluctant to answer any questions. DeJong gave defendant the alphabet test at the scene, which defendant failed. DeJong could not give defendant any other field sobriety tests because those required a person to be able to stand. Defendant fractured his ankle in the accident and could not stand on two feet. DeJong also interviewed the passenger in defendant's car. DeJong also smelled a strong odor of alcoholic beverage on him and noticed that his speech was also slurred.
After investigating the accident scene, DeJong went to the hospital. He testified that he again saw defendant, and that he still smelled alcohol on defendant at the hospital. DeJong stated that his work involves dealing with "drunks" on a nightly basis, and that he is familiar with people who have been drinking alcohol. DeJong was joined at the hospital by a Louisiana State Trooper, Alexis Sovinsky. They both advised defendant that he was under investigation and that they had reason to believe that he had been drinking. Sovinsky read defendant his rights from a Miranda form. Defendant refused several times to give a blood sample before he was sedated.
Marie-Therese Mansfield, who was seventeen years old at the time of the accident, testified that on March 1, 1998, she was at choir practice at Brother Martin High School. After practice, she brought a fellow choir member home and headed towards the Wendy's located near the Orleans/Jefferson Parish line to get something to eat. Ms. Mansfield has no recollection of the accident.
Ms. Mansfield testified that as a result of the accident, she sustained a concussion, several facial lacerations, cuts on her forehead, a torn liver, a bruised bladder, several pelvic fractures, one of which required surgery, and many bruises all over her body. She stated that she has no feeling on her left calf, nor in the incision in her pelvic region. Ms. Mansfield further testified that she has a permanent plate and two screws inserted into her left hip. She testified that she has recurring pain because of her injuries, for which she takes medication. She was in the hospital for three weeks after the accident. After she left the hospital, she was on crutches for eight weeks. Ms.
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