She was observed to be under the influence less than an hour after she killed the girls. Can they prove that in court? Probably not, since a test wasn't performed.
Thank you for mentioning this, Knox. It has been "nagging my brain" for weeks now. Even without a test, is it possible to prove
Marcia Kitchen was DWI while behind the wheel of the Jeep? I have been searching past cases with similar circumstances--no test taken but plenty of incriminating
circumstances that show the suspect was
most likely DUI/DWI. That someone was affected in such a way that rendered them too impaired to operate a motor vehicle I believe is absolutely something which can be/should be allowed and argued in court, even without a BAC test...especially when something results in harm or death to another.
JMO, but I firmly believe a circumstantial case can be made here. There are certain particulars that are already known and other factors which can be discovered.
Should not proof beyond a reasonable doubt also apply in a court even if a specific BAC level wasn't obtained? Even so: state BAC levels are merely averages and only a best close estimate re: every individual and each person's unique physical makeup (and other uniquely personal traits.)
Here are just a few examples of why I believe arguments should be permitted in court: Marcia's height and weight are known. Friends, family members, and acquaintances are likely aware of her tolerances for certain things and likely can attest as to how she spent much of her day prior to the hit-and-run. There were, in fact, police and hospital witnesses who stated she seemed intoxicated "moments after" the collision.
If she (and JP) were in a bar prior to returning home that night as many people have alleged: how long was she there, did she eat anything, is a bar tab still on record, any surveillance cam footage, any other customers or the bartender(s) willing to give sworn statements as to her behavior, any witnesses that actually saw her driving erratically, etc....etc...
She was at least seen by her son, his friend, her daughter and Faith and also JP that day--both before and by some: after the collision--the very people probably closest to her. Also: kids KNOW when their parents are drunk and acting differently than when sober. And then: WHY did she leave the scene only to return "moments" later?
JMHO but I think a strong case can be made in court that she was intoxicated. I firmly believe all needed facts are present or can be discovered to prove this beyond reasonable doubt. If the case isn't strong enough on this particular point: it will not be heard anyway--so why not TRY to press for getting it admitted?
I just don't believe it to be impossible nor too far-fetched of an idea, and moreover: I want to see MK charged with EVERYTHING for which she is truly guilty.
