Verdict: Not guilty of vehicular homicide
No criminal liability in death of KDOT worker
By Bobbi Mlynar
Wednesday, May 23, 2007
The truck driver accused of vehicular homicide and battery was found not guilty Wednesday afternoon in Lyon County District Court.
Assistant County Attorney Amy Aranda and defense attorney Tom Lemon of Topeka presented closing arguments Wednesday before the case was turned over to the jury before 3 p.m. Wednesday.
The jury returned less than two hours later with not guilty verdicts on the two major charges. Marks was found guilty of speeding and failure to yield the right-of-way to a construction vehicle.
The trial began late Monday morning in the courtroom of Judge Jeffry Larson.
Mr. Marks had nothing to say after leaving the courthouse. His attorney, however, said that he could speak on Mr. Marks' behalf.
"This accident was a tragedy," Lemon said. "Obviously, Mr. Marks is satisfied with the jury's verdict and glad that this tragedy didn't continue with him being found guilty of a crime, and he is obviously very sorry for his role in this accident."
Marks was ordered to pay a $120 fine and $66 in court costs for his conviction on the traffic offenses.
Ms. Aranda and County Attorney Marc Goodman were not immediately available for comment.
A wrap-up of closing arguments will be available on-line later today and in The Gazette on Thursday.
emporia_1960 (anonymous) says...
I am not sure how Mr Marks was found innocent when the speed at impact was 60 mph. He stated that he had applied his breaks when he saw the State Truck, makes me wonder just how fast he was going on a 55 pmh highway with no shoulders.
May 24, 2007 at 1:33 p.m. ( permalink | suggest removal )
MelissaE (anonymous) says...
He WAS convicted of speeding & failure to yield.
There must not have been enough evidence to convict him of the other two. Either that or their were contradicting statements/witnesses.
M
May 24, 2007 at 2:26 p.m. ( permalink | suggest removal )
horsequeen (anonymous) says...
How many other drivers drive 56 to 60 miles an hr on that road.If you are honest most every one does.. Right or wrong thats the facts. Doesn't make him guilty.. It makes a tragedy that they were parked on a roadway. I don't think a couple miles an hr would have saves Richard" life.
May 25, 2007 at 8:12 a.m. ( permalink | suggest removal )