A state appellate courtroom panel upheld on Aug. 27 the homicide conviction of a lady who drove the improper method down a 4S Ranch highway whereas drunk practically 5 years in the past, triggering a head-on crash that killed the opposite motorist.
Alexandria Bayne, 39, was convicted of second-degree homicide final yr for inflicting the Dec. 17, 2016, crash that killed Sarita Shakya, a 38-year-old Scripps Mercy Hospital nurse. Shakya had simply gotten off work and was headed residence when the crash occurred shortly earlier than midnight.
Bayne had two trials within the case, one during which she was convicted of gross vehicular manslaughter whereas intoxicated and DUI inflicting harm. She was retried on the homicide depend on which the earlier jury had deadlocked 11-1 in favor of guilt, and sentenced final yr to fifteen years to life in state jail.
She was charged with homicide on account of two earlier DUI convictions from 2005 and 2008.
Deputy District Legal professional Cally Brilliant advised jurors that Bayne had been ingesting alcoholic drinks all through the day, beginning that morning. She left a buddy’s home round 11:30 p.m., then drove into opposing visitors lanes on Camino Del Norte at greater than 60 miles per hour, with no indications of braking, in accordance with Brilliant.
A hospital blood draw taken after the crash measured her blood-alcohol content material at .33 p.c, although Brilliant alleged it may have been as excessive as .40 p.c on the time of the crash.
“She selected to drink. She selected to drive. She selected to place the lifetime of different motorists at risk on Dec. 17, 2016, and due to that, Sarita Shakya was killed,” Brilliant mentioned.
Bayne’s legal professional, Michelle Hunsaker, advised jurors that her consumer was distracted by household points, in addition to her cellphone. The legal professional mentioned the intersection was additionally poorly marked, including to Bayne’s confusion.
“It was tears, poor signage and fatigue that destroyed these two households,” Hunsaker mentioned. “We aren’t discounting the magnitude of the lack of Ms. Shakya and we take full accountability for that collision. However distraction doesn’t equal homicide.”
Hunsaker additionally disputed the prosecution’s allegations concerning Bayne’s blood-alcohol degree. Although the protection legal professional conceded Bayne drank on Dec. 17, Hunsaker mentioned Bayne had encountered a number of folks all through the day and didn’t seem intoxicated.
In her opening assertion, Brilliant mentioned Bayne’s boyfriend had spoken to her over the cellphone simply previous to the crash and acknowledged by the sound of her voice that she was drunk. Brilliant mentioned the boyfriend supplied to present Bayne a trip, however she refused.