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Saturday, October 27, 2007
Ind. Courts - More on: Special prosecutor named in attorney's fatal DUI case
Updating this ILB entry from May 31st, Jon Murray of the Indianapolis Star reports today:
A former state attorney accused of drunken driving in a fatal wreck now faces a drug-related charge in that crash.Charges allege that Terry Record, 27, caused the accident in May after leaving a strip club, where police said he had been drinking heavily. Jimmy R. Cash, 46, died at the scene.
The new charge is operating a motor vehicle with marijuana detected in the blood, causing death. Special prosecutor Barry Brown submitted the new charge to a Marion Superior Court judge, and Record's attorney did not object to its acceptance during a hearing Friday.
Brown said lab test results showing signs of marijuana in Record's blood at the time of the crash spurred the new charge. The Class B felony carries a penalty of six to 20 years in prison.
Record already faced two counts of operating a vehicle while intoxicated, causing death, and another count of reckless homicide. The lead drunken-driving charge also is a Class B felony. * * *
During Friday's hearing, Judge Grant Hawkins approved a two-week delay of Record's trial to March 10, on Brown's request.
The judge also will consider a request by Record's attorney, David E. Lewis, to let Record live with his grandmother in Evansville until the trial.
Hawkins said he likely will grant the request over Brown's objection as long as electronic monitoring will be used.
Posted by Marcia Oddi on October 27, 2007 04:42 PM
Posted to Indiana Courts