Whether or not the former Galveston clerk-treasurer actually caused the injury in a hit-and-run will not be an issue considered in trial next week, a judge ruled in Cass Superior Court I Tuesday.
Police say that 46-year-old Christine Lewis was the driver of a car that hit 21-year-old Trey McCulley on Sept. 2, 2011, while he was crossing Ind. 218 near Lewis Cass Junior-Senior High School.
At Tuesday’s hearing, Kelly Leeman, Lewis’s attorney, argued that Lewis did not cause McCulley’s broken leg, but Judge Thomas Perrone ruled that the state did not have to prove that Lewis caused the accident, only that she had knowledge of the accident and did not stop.
Lewis faces charges of failure to stop after an accident resulting in serious bodily injury, a class D felony. Her trial is scheduled for Feb. 12.
Perrone also ruled that the Leeman’s expert witness, an Indiana State trooper, could testify about elements of the crash scene.
During Tuesday’s hearing, Leeman argued that the state would have to prove Lewis caused the injury to meet the requirements of the charge. He stated that while Lewis’s vehicle may have come into contact with McCulley, McCulley had already been hit by a car in the first lane of traffic.
“They haven’t even charged a complete crime in this case,” Leeman said.
Leeman drew a diagram on a chalkboard in the courtroom illustrating the police report stating McCulley was hit in the left leg, while Lewis reported a dent on the right side of her car.
“It’s a very significant issue in this court that needs to be resolved,” Leeman said.
Perrone agreed with Cass County Deputy Prosecutor Kelly Gaumer and said that the state did not have to prove Lewis caused the accident, but that she failed to stop and had knowledge of the crash.
“This is not going to be an issue in the trial next week,” Perrone said.
Leeman asked to file an interlocutory appeal, which would send the matter to an appeals court before the trial could begin, on Perrone’s judgement. Perrone said he would not sign the appeal.
Gaumer was also granted a motion to exclude information on the medications McCulley was taking for autism at the time of the crash. Leeman said he would have used McCulley’s medical history in arguments for causation during the trial.
Interviewed after the hearing, Leeman said he had considered expediting the trial process by waiving the jury in favor of the bench trial. That way, he said they would be able to file an appeal sooner after the case was tried.
But he said he believed the evidence should come before a jury.
“I think we need to talk to the jury, and let them hear the evidence,” Leeman said.
A class D felony carries a possible penalty of six months to three years in prison and a fine of up to $10,000. Lewis turned herself in on Sept. 14, 2011, and bonded out later that day.
Caitlin Huston is a staff reporter of the Pharos-Tribune. She can be reached at 574-732-5148 or caitlin.huston@pharostribune.com.
Local News
Causation not issue in trial of Lewis
Former clerk to face jury trial Feb. 12
- Local News
-
-
Playing with food
Two foods classes at Lewis Cass Junior-Senior High School got crafty with their food last week following family and consumer science teacher Courtney Nethercutt’s lead.
-
Unclaimed property amounts to millions in Indiana
There are millions of dollars in Indiana, the rightful owners of which cannot be located. A program through the Indiana Attorney General’s office is trying to get that property into the right hands.
-
Fulton Community Center completed
Almost a decade in the making, the Fulton Community Center is up and running.
-
Status conference set for former state rep candidate
A June 11 status conference was set Tuesday for the former Democratic state representative candidate accused of selling cocaine.
-
An equine discovery
When Bunker Hill resident Eunice Rush worked in sales, she used her education in business math and management information technology to teach a class on how to identify clients’ personality types and how to highlight areas of one’s own personality to form an effective business relationship.
-
Annexation residents demand answers
A demand for answers was the theme from the twenty people who spoke at the public meeting regarding the city’s proposed annexation areas as they took turns addressing public officials and those they’ve hired to assist with the project at a packed Logansport City Council Chambers Monday night.
-
Cass County appropriates $160,000 to highway department
The Cass County Council approved an appropriation of $160,000 to help ease budget cuts to the county’s highway department brought on by a state mandate.
-
Galveston residents seeing double
Though Shawn Durham followed his brother Shane into this world, Shane followed Shawn into a career as a police officer.
The identical twins recently joined the Galveston police force, Shawn as town marshal and Shane as a full-time deputy.
Shawn and Shane, 35, took different paths in their careers, though this isn’t the first time the two have served in the same department. -
Appeal filed in dismissed suit against city
The plaintiff in a dismissed lawsuit against the Logansport mayor and city council claiming an abuse of power regarding the city’s power plant project has filed for an appeal with the Indiana Court of Appeals.
-
4-H considers smoke-free campus
The 4-H fairground may consider going smoke-free in time for the county fair.
Members of the fair board heard a presentation last week from the tobacco cessation group of Better Health of Cass County about the health effects of second-hand smoke. Board members said they may vote on the measure at their May 28 meeting. - More Local News Headlines
-
Florida FBI Shooting Has Boston Bombing Links
Garcetti Elected Los Angeles Mayor Over Greuel
Raw: New Video of Deadly Oklahoma Tornado
IRS Official Pleads 5th Amendment
Lawyer: Feds Investigating Susan Powell Case
Former Rep. Weiner Running for New York Mayor
Jodi Arias: Death Penalty Would Cause More Pain
Police Ram House to End Hostage Standoff
Families Begin Returning to Their Homes in Moore
Raw: Aerial View of Moore Tornado Damage
Looking for Love? Take the Prague Metro
First Person: Baby Falcons on a New York Bridge
Crews Race to Find Survivors of Okla. Twister
Oklahoma: Images of Devastation, Reunion
Raw: Students Clash With Police in Chile
Protests Outside Cincinnati IRS Office
New Xbox One Entertainment Console Unveiled
