The second day of preliminary hearing testimony related to charges against Tyler N. Scott, now 23, alleging he was under the influence of alcohol when he caused the accident is set to resume Friday. On Wednesday, prosecutors filed a brief in support of a homicide charge in connection with the case. Additional charges allege gross vehicular manslaughter while intoxicated, driving under the influence and driving under the influence of alcohol causing injury.
According to testimony, Scott was driving at a high rate of speed westbound on Cement Hill Road at about 11:20 p.m. on May 25 when he crossed into on-coming traffic and struck a Nissan XTerra sport utility vehicle head-on. The SUV was driven by Fairfield resident George Smith, 60, who was flown by air ambulance to an area trauma center, where he was pronounced dead from injuries sustained in the crash, police said.
Scott only sustained a superficial injury to his arm and eventually told police afterwards that he drank vodka and whiskey at a party earlier in the day and was on his way to see the movie "The Hangover 2."
A forensic technician testified that Scott's blood alcohol content when taken an hour after the crash was .20, more than twice the legal
Prosecutors, in support of the homicide charge, allege Scott refused to be driven to the movie by a designated driver despite attempts by several individuals. The brief filed Wednesday goes on to state that Scott had signed a DUI contract, circulated to all Travis Air Force Base personnel, that states the dangers of driving drunk.
"Furthermore, the fact that there was a designated driver that night shows (Scott) knew the dangers of driving while under the influence," the brief states.
The filing also goes on point out that there was evidence of "highly dangerous driving" while Scott was intoxicated.
Police recovered the event data recorder from Scott's truck. The device is intended to deploy airbags on vehicles but law enforcement routinely download pre-collision data from them.
California Highway Patrol Officer Brian Land said data from Scott's vehicle indicated the accelerator was at 100 percent five seconds prior to the collision. Land also estimated Scott was traveling at least 75 mph. The posted speed limit is 35 mph.
The hearing will continue at 8:30 a.m. Friday.
Scott remains in Solano County Jail.
Follow Staff Writer Ryan Chalk at Twitter.com/RyanChalk1883 .
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