yer ardy
08-09-2002, 07:13 PM
Man acquitted of manslaughter in DWI accountability case
Jury deadlocks on 2 other counts
August 9, 2002 Posted: 4:48 PM EDT (2048 GMT)
SALEM, New Jersey (CNN) -- A man who allowed his drunk friend to get behind the wheel of a car was found not guilty of manslaughter Friday, but the jury said it was deadlocked on two other charges, and the judge declared a mistrial.
The seven men and five women jurors said they were deadlocked on charges of vehicular homicide and aggravated assault in the potentially precedent-setting drunken driving case.
In July 2000, Kenneth Powell, 40, allowed his friend, Michael Pangle, to drive after he had been arrested for driving while intoxicated. Pangle later crashed into another vehicle, killing the driver.
Prosecutor John Bergh said his office will retry the case, "with the same amount of vigor, same amount of heart that we had in this case here for the past three and a half weeks."
Outside the court, Elliott's family made an emotional appeal for a stronger fight against drunken driving.
"No one should have to suffer a loss like we have had to suffer," said Muriel Elliott, the victim's mother. "Our pledge is to never have this happen to any family. Our pledge is to our son."
Elliott's father, William D. Elliott, said the family had made a final pledge to their son to fight drunken driving because "....our son deserves it, so do the lives of 16,000 people killed each year because somebody decided it was a greater right to drive drunk than it was to protect the lives of the innocent victims they kill."
Shortly afterward, prosecutor Christopher Manganello said Powell expressed his condolences to the families involved and said he understands the families "are not getting what they believe is justice in this case."
But Manganello also said that if prosecutors decide to try the case again, "they will be in for the biggest fight of their lives."
Prosecutors said that Powell was called to jail almost two years ago to pick up Pangle, who had been arrested for drunken driving. Police told Powell to take Pangle home, but instead he drove him back to his car.
After drinking some more that night, Pangle, 37 at the time of the accident, drove his car into oncoming traffic, killing himself and 22-year-old Navy Ensign John Elliott. Elliott had graduated from the U.S. Naval Academy two months before the crash.
Prosecutors said it was criminally negligent for Powell to let Pangle drive.
Powell's attorneys said police did not warn him adequately that Pangle should not be allowed to drive.
"..I'm just gonna shut up. I know nothing about nothing." Anna Nicole Smith
Jury deadlocks on 2 other counts
August 9, 2002 Posted: 4:48 PM EDT (2048 GMT)
SALEM, New Jersey (CNN) -- A man who allowed his drunk friend to get behind the wheel of a car was found not guilty of manslaughter Friday, but the jury said it was deadlocked on two other charges, and the judge declared a mistrial.
The seven men and five women jurors said they were deadlocked on charges of vehicular homicide and aggravated assault in the potentially precedent-setting drunken driving case.
In July 2000, Kenneth Powell, 40, allowed his friend, Michael Pangle, to drive after he had been arrested for driving while intoxicated. Pangle later crashed into another vehicle, killing the driver.
Prosecutor John Bergh said his office will retry the case, "with the same amount of vigor, same amount of heart that we had in this case here for the past three and a half weeks."
Outside the court, Elliott's family made an emotional appeal for a stronger fight against drunken driving.
"No one should have to suffer a loss like we have had to suffer," said Muriel Elliott, the victim's mother. "Our pledge is to never have this happen to any family. Our pledge is to our son."
Elliott's father, William D. Elliott, said the family had made a final pledge to their son to fight drunken driving because "....our son deserves it, so do the lives of 16,000 people killed each year because somebody decided it was a greater right to drive drunk than it was to protect the lives of the innocent victims they kill."
Shortly afterward, prosecutor Christopher Manganello said Powell expressed his condolences to the families involved and said he understands the families "are not getting what they believe is justice in this case."
But Manganello also said that if prosecutors decide to try the case again, "they will be in for the biggest fight of their lives."
Prosecutors said that Powell was called to jail almost two years ago to pick up Pangle, who had been arrested for drunken driving. Police told Powell to take Pangle home, but instead he drove him back to his car.
After drinking some more that night, Pangle, 37 at the time of the accident, drove his car into oncoming traffic, killing himself and 22-year-old Navy Ensign John Elliott. Elliott had graduated from the U.S. Naval Academy two months before the crash.
Prosecutors said it was criminally negligent for Powell to let Pangle drive.
Powell's attorneys said police did not warn him adequately that Pangle should not be allowed to drive.
"..I'm just gonna shut up. I know nothing about nothing." Anna Nicole Smith