Extreme DUI Case ------- Drunk Driver Convicted of Murder -------- Driving Under the Influence, as Bad as it Gets
This isn't just someone who happened to be a drunk driver and also murdered someone. But rather a drunk driver that was convicted of murder as a result of driving drunk.
That is how bad these cases can get when things become extreme. In June of 2009, Jason Pappas of Cathedral City, California, crashed the car he was driving after an intense police chase. The passenger, Gregory Fisher, died of blunt force trauma.
Just two years earlier, Pappas pleaded guilty to a DUI and therefore knew only too well the dangers of driving under the influence, argued the Deputy District Attorney, Grant Kim. He was also convicted of a California law called, Driving with a Blood-alcohol Level Greater than 0.08. That is a law that is designed to create enhanced penalties for the more severe DUI cases. South Carolina doesn't do that. Here in SC we have one DUI statute with varying penalties depending on the blood alcohol content and whether it's a first, second, third, etc., offense.
In the case at hand, Pappas testimony showed he had 13 drinks before he got in the car and drove, said the prosecutor. When tested following the crash, his blood-alcohol level was 0.25 percent. That is more than three times the legal limit.
After police observed Pappas speeding, they attempted to pull him over. Rather than stop, he took off and a chase began. Pappas was seen weaving in and out of traffic lanes for a number of miles. Testimony given at trial said he was going over 90 miles per hour. It was when the defendant attempted to make a left hand turn when he lost control of his vehicle and crashed into a tree. The passenger, Gregory Fisher was pronounced dead at the hospital.
The lawyer for the defense, argued that his client was guilty of manslaughter and wasn't guilty of second-degree murder. He supported his argument by trying to show that the defendant did not have any intentions to hurt anyone. It turned out he was driving the victim's car after the victim had asked him to drive. The lawyer argued that he truly believed that he had the faculties to operate the vehicle safely. The defense attorney also tried to show that Pappas didn't have as much to drink as the prosecution said and that he actually only drank five to six rinks and had two shots of Jack Daniels whiskey over a 12 hour period. In the defense attorney's closing argument, he stated that his client felt that night that it was safer for him to driver, than the victim, Fisher.
Pappas has not yet been sentenced, which will be a separate proceeding. He could be sentenced to 15 years to life in state prison for this conviction, of second degree murder.
These cases involve different laws in different states. This shows some of the possible laws involved in California when a DUI case becomes extremely serious. Other states also have manslaughter, reckless homicide and others that can come into play. Here in Myrtle Beach, we certainly are not immune to these sort of cases either.
In February 2009, South Carolina enacted a new DUI law that increased the stakes for people convicted of Driving Under the Influence. As previously stated, the new DUI law has increased penalties based on how high the defendant blew on the Breathalyzer and how many DUI convictions the individual has had in the past. At sentencing, the judge is allowed to and will consider other things about the case and the defendant and those circumstances can greatly affect whether the defendant goes to jail and if so, for how long. The new law in SC broke the Breathalyzer results into three categories. First, for anyone who blew 0.10 or less; two, for those who blew 0.10 to 0.16; and three, for those who blew in excess of 0.16. To illustrate how severe these can be, someone convicted of Driving Under the Influence Third Offense could be fined up to $10,000 and go to prison for up to five years.
South Carolina still has its Felony DUI statute, which is for cases in which someone incurred great bodily injury or death. A conviction for great bodily injury, the sentence carries up to 15 years in prison and a $10,000 fine. For a death, they face up to $25,000 fine and up to 25 years in prison.
