First Trial in `Maria`s Law` Case Ends with Not Guilty Verdict
Released on = February 27, 2007, 9:10 pm
Press Release Author = John Brangwin & Steve Woods
Industry = Law
Press Release Summary = Washington State's first jury trial for the crime of "Failure to Secure a Load, First Degree" has resulted in an acquittal of the Defendant. The case was tried in Douglas County District Court before six jurors, who unanimously found the defendant not guilty.
On August 25, 2006, an Iowa man, Bruce A. Gearhart, 33, was killed on Highway 28 five miles east of East Wenatchee, when a metal strap winch crashed through his windshield. Pasco truck driver Wilfredo "Jesse" DeJesus, 53, was charged with Failure to Secure a Load First Degree, under the State's new "Maria's Law."
The law is named after Maria Federici, who was blinded and permanently disfigured when a piece of particle board fell off a trailer and into her car. At that time failing to secure a load was only an infraction punishable by a small fine. As a result of her case, it became a gross misdemeanor punishable by up to a year in jail and a $5,000 fine if the failure to secure a load results in substantial bodily injury.
Press Release Body = February 27, 2007 EAST WENATCHEE, WA: Washington State's first jury trial for the crime of "Failure to Secure a Load, First Degree" has resulted in an acquittal of the Defendant. The case was tried in Douglas County District Court before six jurors, who unanimously found the defendant not guilty. Judge Judith McCauley presided over the trial.
On August 25, 2006, an Iowa man, Bruce A. Gearhart, 33, was killed on Highway 28 five miles east of East Wenatchee, when a metal strap winch crashed through his windshield. Pasco truck driver Wilfredo "Jesse" DeJesus, 53, was charged with Failure to Secure a Load First Degree, under the State's new "Maria's Law."
The law is named after Maria Federici, who was blinded and permanently disfigured when a piece of particle board fell off a trailer and into her car. At that time failing to secure a load was only an infraction punishable by a small fine. As a result of her case, it became a gross misdemeanor punishable by up to a year in jail and a $5,000 fine if the failure to secure a load results in substantial bodily injury. According to a Seattle Times article charges have been brought under Maria's Law on only one other occasion. In that case in Redmond, two men pleaded guilty to the charge in January and were sentenced to perform 200 hours of community service.
DeJesus was driving a semi tractor trailer rig Eastbound on the highway, hauling an oversized load consisting of two potato hoppers. These hoppers were held in place with 6 heavy nylon straps attached to the flatbed trailer using detachable strap winches. All 6 winches and straps were still in place after the accident, and 3 unused winches were found in the truck's tool box. DeJesus has steadfastly maintained since the moment of the accident that his truck was only equipped with 9 winches, which is the number found by the State Patrol after the accident, so the winch which killed Mr. Gearhart could not have come from his truck.
The State's case against Mr. DeJesus was based on a theory that an extra, unused strap winch fell off the trailer of his oversized load. WSP Commercial Vehicle Inspectors thoroughly examined Mr. DeJesus' commercial vehicle immediately after the accident and found it to be in perfect condition. All of the strap winches used by Mr. DeJesus were accounted for, leaving mere speculation as to where the winch that killed Mr. Gearhart came from.
Mr. DeJesus was represented by the Wenatchee law firm of Woods & Brangwin, PLLC and its' managing partner Steven Woods. The Douglas County case number is C 515452.
Mr. Woods was obviously pleased with the verdict. "While it is a tragedy that Mr. Gearhart died, we have always believed his death was not Mr. DeJesus' fault. It would have only compounded the tragedy if Jesse had been convicted."
Steven Woods is a well respected criminal defense lawyer in North Central Washington. He has practiced law in Wenatchee since 1985. He is the immediate past President of the Chelan-Douglas County Bar Association. Woods & Brangwin, PLLC, is a four lawyer firm handling criminal defense and injury cases in Chelan, Douglas, Grant and Okanogan counties.
The State of Washington was represented by Gordon Edgar, Deputy Douglas County Prosecuting Attorney. He can be reached at 509-745-8535.
The lead officer on the case was Detective (now Sergeant) Ron Huxtable of the Washington State Patrol. The WSP case number for the investigation is 06-009170. District Six of the State Patrol can be contacted via Public Information Officer Rich Magnussen at 509-665-4017.
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Web Site = http://www.wblawfirm.com
Contact Details = Woods & Brangwin, PLLC Steven W. Woods, Attorney at Law Office phone: 509-663-3915 517 N. Mission, Suite 2A Wenatchee, WA 98807-4378
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