Sorry if this was said before but one other thought that is bothering me about this case is how precise and skilled KR’s driving has to be if she stopped her, put it in it reversed and then accelerated for 60 to 24 mph. The prosecution has argued she was heavily intoxicated and enraged. If true, would her emotional duress or rage in addition to the alcohol allow her to pull such a maneuver around a curve?
Even sober drivers lose control of their vehicles and cause damage to their vehicles when they are in state of anger or rage and are doing simple tasks as pulling out of parking spot or passing in front of another vehicle. Intoxication often impairs drivers ability to multitask, become aware of their surrounds or properly break, park or slow their vehicles. Add rage to it often the drivers can’t focus on anything else other than the source of their rage, not even their own safety, the potential damage of their vehicles or the sleepiness and trickiness of the curving road behind her.
Even if the prosecution is correct that KR was intended to hit JOK with her SUV wouldn’t she have been more likely to hit the curb, drive up on the curb and potentially hit the fire hydrant or the flag pole instead? Such an accident Even if she somehow missed driving on the curb, wouldn’t she have stopped at least a few inches or feet following her vehicle making impact and then run over JOK’s sneaker that still laid on the street right next to the curb? Wouldn’t she have also been more likely to drastically and more notably pull her vehicle towards the left to pull away from the curve as she pulled out and drove away? However, JMcC has noted no such thing in her testimony.
Also, I can’t really make sense for JOK would stand there as KR’s accelerated towards him. Even if he noticed to late her intentions surely by instincts alone he would have yelled out and held him his arms and hands up in a futile attempt to stop her or prevent her vehicle from going further. If so, and he was still holding the glass cup wouldn’t some of the pieces of glass unfortunately pierced his skin and imbedded themselves in his hands and fingers, further injuring him as the force of the oncoming pressed crushed the glass against his outstretched hands?
Even if he threw the glass at the oncoming car wouldn’t more of it have ended up on the street and the curb than near his body due to the force of gravity and their lighter weight? Also, wouldn’t there be trace evidence of the alcoholic beverage or what remained of the liquid at the back of KR’s car, particularly the back windshield where I imagine it would it hit? Even despite the snow some residue of glass particles and articles could have remained or fallen towards the back windshield wipers?
Additionally, BH said he never saw CA but according to BA’s testimony he left Waterfall around 11:59 but he could have let anywhere between then and 12:02 (if you add the time to get into the car and start and warm it). He said it took another 5 minutes to get home. There he had to wait for BH, who arrived before him, remove some of the snow from the driveway and pull out so that BA himself could park on the left side of the driveway. That alone could have taken a minute or two.That could put his arrival home between 12:05-12:07 and actually getting inside between after 12:08 or 12:09. He said after getting inside at some point he had a 5 minute conversation with his nephew CA before going to the bathroom for 5 minutes. This puts the time that CA was seen in the house by BA between 12:13 and 12:14. BA’s daughter said that BH came in right behind her and parents and that her cousin was right by the door when she walked in and everyone else was in the kitchen. So how did BH miss him and where was he during the 5 minute conversation between BA and CA? Also, wouldn’t that imply that CA did not in fact leave exactly at 12:10 as alleged?
Also, CA said his parents had a hard and fast rule about a 12 AM curfew but he didn’t get home until after 12:30-12:35 according to the defense and his father’s testimony. if the judge didn’t sustain Lally’s objection It would have been both interesting and a possible way to ascertain if CA was being truthful about his supposed curfew to know if he did in fact get in trouble or grounded for being late, if his parents called to find out where he was beforehand or if they asked how in fact he got home since no doubt he had the smell of beer on him, there could have been concerns of him or his ride drinking and driving and he was late. Still seems odd to me that no one knew that CMcC was his ride home all this time even though JA’s understandable concern could have led to her to ask and plus he was late. If his parents rule was so set in stone why can’t we hear if he faced any repercussions for being so that night? Especially since his testimony implied he couldn’t have possibly been there at the same time as JOK because of his curfew.
