WINNEMUCCA - John M. Farley, charged with felony DUI causing death, will go on to the Sixth Judicial District Court for arraignment. Judge Gene Wambolt of the Union Township Justice Court bound the case over subsequent to Farley's preliminary hearing on Oct. 6.
Farley is alleged to have struck a female pedestrian in the Khoury's parking lot on Sept. 17 at approximately 6:55 a.m. He was initially charged with DUI causing substantial bodily harm until the victim died on Sept. 23 and the felony complaint was amended.
The first witness called to the stand and questioned by Deputy District Attorney Roger Whomes was Lindsay Wilcher, who was a passenger in Farley's vehicle at the time of the accident. She told the court that she finished her shift as a bartender at Club 40 at 1 a.m. Sept. 17, drove her vehicle home, then got into Farley's vehicle. Wilcher said that Farley then drove to the Mine Shaft bar.
Wilcher said that while at the Mine Shaft, they drank and played pool. She told the court that they left the bar sometime in the morning and she couldn't recall if the sun was up or not. Wilcher said they drove to Khoury's Market and into the parking lot, where a lady walked out in front of the vehicle. She said that the parking lot was empty; she wasn't sure if there were cars there or not. Wilcher told the court that she saw the victim "when it was happening" and she screamed, "Mike!" (referring to Farley). She said that he stopped his vehicle after hitting the victim and that they both got out of the vehicle. Wilcher said that the "cops came" and that the victim was lying on her back on the ground. She stated that she couldn't see any injuries until she saw blood coming from the back of the victim's head.
Wilcher ended her questioning by Whomes stating that she didn't know how much Farley had to drink prior to the incident and that Wilcher's boyfriend came to pick her up at the accident scene at close to 8 a.m.
Attorney Sherburne MacFarland, counsel for Farley, questioned Wilcher about Farley's vehicle. Farley's vehicle was described as a white Dodge Ram pickup. Wilcher said that Farley had a big lift on it, a cattle guard on the front and that the vehicle set high off the ground. MacFarland asked Wilcher how long they were at the Mine Shaft and what she had drank. Wilcher said that they were at the Mine Shaft for five hours and that she was drinking whiskey and Coke and "doing shots." She said that she drank 10 drinks.
Wilcher said that her memory was hazy after they left the Mine Shaft.
Under continued questioning by MacFarland, Wilcher told the court that Farley had made a left hand turn into Khoury's parking lot but not at excessive speed nor was the turn unusual. Wilcher said that she could not recall what the victim was wearing. She stated that the victim's foot was under the left front wheel of the truck but that her body was not under the truck.
Whomes asked Wilcher how many drinks she had had that morning and if she was in any condition to drive. Wilcher repeated that she had 10 drinks and that she was not in a condition to drive.
The next witness called to the stand was Anna Blasengame. Under questioning by Whomes she said that approximately 7 a.m. the day of the incident, she was a passenger in a car driven by a friend that was behind Farley's truck on Hanson Street. Blasengame testified that there was a little light out at the time and that she observed Farley swerving about and almost hitting the curb. She stated that Farley was traveling in the through lane on Hanson and that the light was red at that intersection with Grass Valley Road. Blasengame said that Farley didn't stop at the red light but moved over to the turn lane and proceeded right on to Grass Valley Road. Blasengame stated that she did not see Farley turn left into Khoury's parking lot but that she did see him strike the woman. She said that there were no other cars then corrected and stated there was a car 30 to 40 feet away. Whomes asked Blasengame if there were any dumpsters in the parking lot to which Blasengame said no.
Blasengame stated that she did not see the victim prior to her being struck but that the pickup came to a stop when it hit the victim. She said that the driver of the vehicle she was in turned on Sunny Drive and then into the parking lot. Blasengame said she approached the truck and victim and observed that the truck's left wheel was on top of both of the victim's feet. She stated that she called 911. Blasengame said she told Farley that his vehicle was stopped on top of the victim's legs and to move it off of her. She stated that Farley got back in the truck and moved the truck off of the victim.
Blasengame said that she asked the victim if she was alright but only observed multiple blinking of her eyes as a response. Blasengame stated that the woman's feet were broken, the back of her head was bleeding and that she was breathing heavily and that foam was coming from her mouth. Blasengame stated that the woman made no further responses.
MacFarland questioned Blasengame about which parking lot entrance Farley had entered and she stated that he had entered the second entrance closest to the gas station. MacFarland trailed back to Blasengame's previous statement that she did not see Farley turn into the parking lot because she was looking at the Humboldt Sun building as she passed it.
Winnemucca Police Department Officer Dan Shea took the stand and said that he was the first officer on scene and that Officer Jeff Casalez followed up as second officer. Shea said that upon his arrival, he observed Farley kneeling over the victim.
Shea stated that he approached the victim and noted that she was lying on the ground, breathing heavily, was unresponsive and blood was coming from her head.
Shea said that he asked Farley what had happened and Farley said he was coming from the Rose Creek area taking the other witness home. Shea said that Farley said, "She came out of nowhere" and "I swear she got out of a vehicle."
Shea was asked by Whomes if he observed any dumpsters or cars at the scene and Shea said that there were no dumpsters and the only car was that of the witness Blasengame.
Shea stated that Farley denied drinking but Shea observed Farley to have red, watery eyes and slowed speech as well as the odor of alcohol. Shea said that eventually Farley admitted to drinking six drinks of vodka.
Shea asked Farley to perform field sobriety tests to which he failed. Shea also performed three different nystagmus tests on Farley which he failed. Farley submitted to a presumptory breath test which resulted in a blood alcohol concentration in excess of .08. Shea testified that he arrested Farley and took him to Humboldt General Hospital for blood draws which he initialed as each were sealed and placed into a locked box by lab staff.
MacFarland questioned Shea if he had recorded the conversation between Farley and himself and Shea said that he had not.
Shea clarified that he was the primary investigative officer for the DUI and that his partner Casalez was the investigator on the accident.
MacFarland asked Shea about mention of a scuff mark made in his report and Shea said that it was a skid mark. MacFarland asked Shea if he had measured it and Shea said that he had not.
MacFarland concluded questioning with Shea about the lighting at the time of the incident, what the victim was wearing and questions related to the chain of custody of the blood draws. Shea said that the sun had not risen yet but that headlights were not needed. He stated that the victim was wearing a red sweater and blue jeans. Shea said that he didn't know about the blood draw chain of custody except that he initialed each vial at their sealing. MacFarland also asked Shea about a Nevada Highway Patrol map depiction of the accident scene and if it was accurate. Shea stated that it was.
Whomes told the court that Farley had been identified as the driver who struck the victim and that she had died of blunt force trauma. Whomes said that Farley's blood alcohol concentration was in excess of .08 two hours after the arrest and that he had failed his field sobriety tests. Whomes stated that there was nothing in the way of the defendant's vehicle to block his view.
Wambolt found that sufficient evidence had been presented to show a crime had been committed.[[In-content Ad]]
