Sommer Woodward
A jury trial began Tuesday for Brian Anthony Cruz, 29, Pryor, who is charged with manslaughter for the death of Sean Michael Davis, Langley.
At the heart of the case is whether Cruz was the driver in a fatal accident on Highway 28 six miles east of Adair.
The prosecution seeks to prove Cruz was driving the Lexus when it ran off the road, traveling over 500 feet, striking a culvert and rolling several times. Both Cruz and Davis, 22 at the time, were thrown from the vehicle. The Oklahoma Highway Patrol (OHP) hadn’t determined who was driving at the time of the accident.
The first Oklahoma Highway Patrol report listed Davis as the driver, but an amended report filed in January 2007 listed Cruz as the driver.
The report was amended a second time when Trooper Gary Longan, who was investigating the accident, was contacted by an insurance agent with Davis’ insurance company about what Cruz told a paramedic who responded to the accident.
Longan testified the paramedic stated Cruz said he was driving the car over 100 miles per hour when he crashed and had been drinking.
Cruz’s attorney, Doak Willis, questioned Longan about whether the car was examined for blood, hair or other physical evidence.
Longan stated he was never instructed to have a forensics team examine the car, so no evidence from the car exists to help determine who was driving the night of the accident.
Testimony continued Tuesday afternoon with Trooper Eddie Weilert, Paul Wallace and Dr. Ronald Distefano. Weilert was the trooper on scene the night of the accident.
Wallace drew blood from Cruz the night of the accident. Cruz’s blood alcohol level was 0.14. The legal limit is .08.
Dr. Distefano, a forensic pathologist with the medical examiner’s office, testified Davis died of blunt trauma to the head.
Willis asked Distefano about reports received from a local doctor who examined Davis. A handwritten report from the doctor listed Davis as the driver, but when a typist with the medical examiner’s office transcribed the information, Davis was listed as the passenger.
“They are conflicting,” Dr. Distefano affirmed.
Assistant District Attorney Chuck Ramsey and Willis both questioned Dr. Distefano about whether Davis’ injuries would allow a doctor to determine where in the vehicle Davis was seated at the time of the accident.
“Those injuries do not suggest, one way or another, where the decedent was located in the car,” said Dr. Distefano. He testified “occasionally,” injuries are helpful in determining where a person was located in a vehicle, but continued that in a rollover accident like the one which killed Davis, it would be “very unpredictable” to determine what happened to both the driver and passenger in the car.
Testimony continued Wednesday at 9:15 a.m. in District Judge James Goodpaster’s court.
