A North Fort Myers man sentenced to more than nine years in prison for being involved in a fatal accident caused by drunk driving will be subject to a new trial.
Michael Getz, 40, was arrested in October 2016 after an accident occurred on Northeast Pine Island Road in April 2016, killing 36-year-old Ronnie Rezaford, a car passenger. .. The two were drinking before going out on the road.
Getz was finally arrested after colliding with a second vehicle driven by Francis Paulette III, then 20 years old, who was drunk driving.
Getz was convicted by a jury of at least three counts of drunk driving, but an order from the Second District Court of Appeals invalidated the conviction of vehicle murder.
According to an order from the Second District Court of Appeals, “The Court of First Instance erroneously denied the right to present evidence related to Getz’s defense. We revoked a new trial on vehicle murder, I will send it back. “
The decision was made because the trial ruled out Paulette’s testimony that he did not remember the crash.
“Evidence of van driver addiction may not be enough to prove that he caused the accident beyond prima facie suspicion, but introduced prima facie suspicion as to whether Getz caused the statement. That’s enough, “the order says.
The hearing is scheduled for April 22nd.
North Fort Myers man convicted of vehicle murder for new trial
Source link North Fort Myers man convicted of vehicle murder for new trial