Post by Anja Nieser on Sept 16, 2006 12:30:32 GMT -5
Death penalty not sought in fatal crash
Michael Ferraresi
The Arizona Republic
Sept. 16, 2006 12:00 AM
SCOTTSDALE - A Fountain Hills man who killed a 22-year-old while driving in the wrong direction on Loop 101 last year has been spared the death penalty.
The Maricopa County Attorney's Office announced Friday that it has withdrawn its intent to seek capital punishment for David Szymanski, the driver who struck and killed Scottsdale resident Cody Brett Morrison during a police chase on April 7, 2005.
Szymanski is charged with first-degree murder. His trial is scheduled to begin in February in Maricopa County Superior Court.
The decision was consistent with County Attorney Andrew Thomas' policy of continual review of capital cases up to the time of trial, according to a statement issued Friday.
Senior prosecutors on the office's Capital Review Committee cited the Scottsdale Police Department's admission that officers violated the department's chase policy in engaging Szymanski's car as one factor in the decision, among others.
"I have accepted the committee's recommendation and have notified the court of our intention to withdraw our decision to seek a capital sentence," Thomas said.
"Deciding whether to seek the death penalty is one of the most serious responsibilities of this office," he said.
The Morrison family and two other accident victims split a $1.5 million settlement in December after a long legal battle with Scottsdale.
Five Scottsdale police officers - three supervisors and two patrol officers - were reprimanded last year after a seven-month internal investigation of their roles in the pursuit.
Michael Ferraresi
The Arizona Republic
Sept. 16, 2006 12:00 AM
SCOTTSDALE - A Fountain Hills man who killed a 22-year-old while driving in the wrong direction on Loop 101 last year has been spared the death penalty.
The Maricopa County Attorney's Office announced Friday that it has withdrawn its intent to seek capital punishment for David Szymanski, the driver who struck and killed Scottsdale resident Cody Brett Morrison during a police chase on April 7, 2005.
Szymanski is charged with first-degree murder. His trial is scheduled to begin in February in Maricopa County Superior Court.
The decision was consistent with County Attorney Andrew Thomas' policy of continual review of capital cases up to the time of trial, according to a statement issued Friday.
Senior prosecutors on the office's Capital Review Committee cited the Scottsdale Police Department's admission that officers violated the department's chase policy in engaging Szymanski's car as one factor in the decision, among others.
"I have accepted the committee's recommendation and have notified the court of our intention to withdraw our decision to seek a capital sentence," Thomas said.
"Deciding whether to seek the death penalty is one of the most serious responsibilities of this office," he said.
The Morrison family and two other accident victims split a $1.5 million settlement in December after a long legal battle with Scottsdale.
Five Scottsdale police officers - three supervisors and two patrol officers - were reprimanded last year after a seven-month internal investigation of their roles in the pursuit.