The woman who hit and killed a boy while driving drunk claimed that glare from the sun caused the deadly pedestrian accident. This week, a jury acquitted the woman of manslaughter charges.

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Andrew Kim Law Firm, PLLC | Washington Legal News

Manslaughter Trial Ends In Toddler Big Wheel Pedestrian Death Case


Posted on Jun 26, 2009

In August, a group of friends spent the afternoon drinking in a park and then decided to drive home. On their way, however, 21-year-old Jessica Paul, the driver of the vehicle, struck and killed 5-year-old Phillip Lara. Lara was riding a big wheel in his neighborhood - just a few yards from his home.

Lara died of severe brain injuries after a month in a Seattle children's hospital.

Now Paul is on trial for manslaughter, first-degree assault, and driving under the influence. Although she admits to drinking before driving, the young woman's defense claims that the sun's glare, and not the consumed alcohol, caused the deadly child accident. This week during the trial, a expert on light and shadows insisted that the boy could not be seen by the driver and that the accident would not have been prevented under any circumstances due to the glare of the setting sun and the shade of the trees in the area.

The prosecution in the case argued that even if glare was present, Paul's drunk driving affected the outcome of the pedestrian accident. He also argued that anyone thinking reasonably would have pulled over or used their car visor to improve visibility.

The jury acquitted Paul of the serious charges of manslaughter and first-degree assault, but convicted her of negligent homicide, drunk driving and drinking as a minor. She will be sentenced in October - with negligent manslaughter cases usually resulting in 2 to 4 years in jail. A manslaughter charge would have resulted in seven to eleven years in prison.

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Bellevue
10655 NE 4th Street
Suite 208
Bellevue, WA 98004
Phone: (425) 289-1990
Fax: (425) 289-1991
Toll Free: (800) 636-3676

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Tacoma, WA 98409
Phone: (253) 682-2000
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