The second day of a probable cause hearing concluded with Superior Court Judge Harry S. Kinnicutt finding that there was reasonable and probable cause to hold Tyler N. Scott to answer on charges of homicide, gross vehicular manslaughter while intoxicated, driving under the influence and driving under the influence of alcohol causing injury. Prosecutors sought to prove that Scott was drunk and refused a ride from a designated driver the night his truck, traveling at a high rate of speed, crossed over into oncoming traffic and striking another vehicle head-on, killing the driver.
Scott's defense attorney, criminal law specialist Dan Russo, labeled the events surrounding the May 25 crash as a "tragedy," but not rising to the level of a homicide.
"I just don't think these facts as presented to the court are enough for implied malice," Russo said.
In support of the homicide charge, Deputy District Attorney Mary Nguyen, in a court brief filed earlier this week, wrote that Scott showed implied malice when he refused a ride by a designated driver, and in the weeks before the crash, was counseled by a superior at Travis Air Force Base regarding alcohol abuse.
According to testimony, Scott was driving at a high rate of
Officers testified that Scott initially lied about his drinking that day, but later admitted he'd consumed about 5 to 6 shots and some rum and cokes earlier in the day.
A forensic technician testified that Scott's blood alcohol content when taken an hour after the crash was .20, more than twice the legal limit.
Police also 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.
Kinnicutt ordered Scott back to his Fairfield courtroom at 9:30 a.m. on Jan. 10 for arraignment.
Scott remains in Solano County Jail.
Follow Staff Writer Ryan Chalk at Twitter.com/RyanChalk1883 .
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