CASPER — A man charged with aggravated vehicular homicide admitted under questioning that he huffed pressurized air before blacking out and driving his truck into an oncoming car.
Justin Breazeale, 23, admitted to District Attorney Mike Blonigen during a motions hearing Friday that he used Dust Off — a brand of pressurized air with a chemical that can enhance the effects of cocaine use — a few minutes after buying it from Office Max and a few minutes before the fatal accident on March 15.
While driving a borrowed 2008 Ford pickup westbound, Breazeale crossed several lanes of traffic and hit the car driven by Madeline Rakestraw with such force that it knocked her car back about 50 feet and sent the truck into a metal storage container.
Rakestraw, 72, died later that day at the Wyoming Medical Center.
Breazeale has since pleaded not guilty to one count of aggravated vehicular homicide and one count of driving under the influence causing serious bodily injury. He remains in custody at the Natrona County Detention Center.
He is scheduled for trial on Dec. 7. If convicted, he could be sentenced to as long as 30 years behind bars.
Breazeale, through public defender Kurt Infanger, filed pretrial motions to limit what evidence could be used at trial.
He asked the court to suppress physical evidence found during the search of his 2004 pickup. That search was based on evidence — including a straw from a Dust Off can — that he claims ws unlawfully obtained during a search of the 2008 Ford pickup, which he needed because he had wrecked his own truck several weeks earlier, according to court records.
Infanger also asked the court to restrict testimony regarding Breazeale’s medical records, statements he made and test results of blood and urine samples taken from him when he voluntarily checked into the Wyoming Medical Center.
Those test results indicated he had cocaine and methamphetamine in his system while he was driving.
During the motions hearing before District Judge David Park on Friday, Breazeale recounted what happened on the day of the crash.
After the crash, Breazeale told officers he apparently blacked out and voluntarily went to the Wyoming Medical Center.
While there, he declined an officer’s request to give blood and urine samples, he said.
“I said, ‘No.’ They said I had no choice,” Breazeale said.
He also was present during the search of his 2004 truck in his garage, where police found a baggie of suspected cocaine in his coveralls that were on the floor behind the truck, he said.
Under questioning by Blonigen, Breazeale said he had borrowed the 2008 pickup and run errands with his girlfriend, including buying wine glasses at Bed, Bath & Beyond, and buying Dust Off at Office Max.
Blonigen asked Breazeale if he used the Dust Off, and the defendant said he did.
While at the hospital, Breazeale, who was not under arrest or handcuffed, said he declined to sign a consent form from police to give blood and urine samples.
Blonigen showed him a consent form, and Breazeale said he signed it, but only after the blood and urine were taken from him.
Blonigen also noted that the coveralls with the suspected cocaine were in the bed of the pickup and not on the floor.
After the nearly hour-and-a-half hearing, Park denied Breazeale’s motions.
Breazeale was not in custody, so he was not protected by the Miranda rights giving arrested people the right to remain silent and request an attorney, Park said.
Park also denied the request to suppress the evidence of the search of the 2004 pickup truck.
Likewise, the judge agreed that Breazeale did not have a privacy right to his friend’s 2008 pickup truck, so anything found in that search could be admitted as evidence in a trial.
Because police had ruled out all possible causes of the accident, including alcohol use, they had to look for other possible sources of Breazeale’s impairment, Park said.
Contact Tom Morton at 307-266-0592 or tom.morton@trib.com.
Posted in Wyoming on Monday, November 23, 2009 10:20 pm | Tags: Justin Breazeale,
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