Mail Tribune News - Goyette jury says guilty

Mail Tribune (Medford, OR — Wayback)

2000-09-14

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Photo by Bob Pennell Fawn Stone waits for a verdict Friday at the trial of Michael Goyette. He was convicted of second-degree manslaughter in the death of Stone's sister, Summer Frost. Goyette jury says guilty He'll do more than six years for fatal drunken-driving wreck By CHRIS BRISTOL Solving a whodunit of sorts, a Jackson County jury on Friday brushed aside Michael Goyette's claim that he wasn't to blame for a fatal crash last year because he wasn't the driver. Goyette The jury of six men and six women ruled 11-1 that Goyette was indeed the driver who caused a drunken wreck April 18, 1998 -- making him guilty of second-degree manslaughter and clearing the victim, Summer Frost, who was the only other occupant of Goyette's vehicle. The defendant showed no emotion as Judge Ray White read the verdict. The jury also found Goyette guilty of four lesser charges: criminally negligent homicide, drunken driving, criminal mischief and reckless endangerment. White immediately revoked Goyette's bail and returned him to custody. Under state law, Goyette faces a mandatory sentence of more than six years in prison with no early release or parole. Sentencing was scheduled for Thursday. Frost's sister, Fawn Stone, praised the jury's decision and said she still couldn't quite believe that Goyette denied responsibility for the crash. "We're trying to get over this, and (the trial) brings it all back," she said. "It makes it feel like it happened yesterday. Now my family can get on with our lives." Goyette, 31, never explicitly claimed he wasn't the driver -- only that prosecutors couldn't prove he was. After a four-trial day, the jury sided with the state. The only charge Goyette didn't fight was driving under the influence of intoxicants. But even though he conceded he drove drunk from the Guadalajara restaurant at Poplar Square -- where his group ran up a $175 bar tab and then downed half a bottle of tequila before the owner cut them off -- he denied he was driving only minutes later when the crash occurred. In three days of testimony, prosecutor Debbie Minder argued Goyette was behind the wheel when his 1994 Toyota pickup ran a red light at the intersection of Morrow Road and Poplar Drive, colliding with a one-ton Ford F350 more than three times its size. Frost, a co-worker of Goyette's then-fiancee who turned 21 only a week earlier, was killed almost instantly in the crash. Normally, the driver's identity is no issue. In this case, there was some confusion because Goyette ended up with his upper torso on the passenger side of the Toyota's cab and Frost pointed to the driver's side. Neither wore a seatbelt. But a host of rescuers -- paramedics, firefighters and police officers -- testified that Frost's feet were pinned on the passenger-side floorboard and that Goyette's feet were tangled in the pedals on the driver's side. Witnesses also testified that Goyette was seen behind the wheel only minutes before the crash. An accident reconstruction expert testified for the state, and deputy state medical examiner James Olson testified Frost's injuries indicated a side-impact collision. Moreover, a detective testified that Goyette confessed under questioning at the hospital. In closing arguments Friday, Minder wrapped up the evidence and said Goyette was guilty of manslaughter because he made a conscious decision to drink and drive. Tests showed his blood-alcohol at .25, more than three times the legal limit. "This was not an accident," she said. "This tragedy was avoidable. ... Make the defendant take responsibility." But defense attorney Lorenzo Mejia argued that rescue personnel were biased against his client, that the state's expert testimony was flawed and that the couple in the big Ford truck were mistaken or worse when they testified the Toyota ran a red light. And he argued that Goyette's confession at the hospital -- "My driving didn't kill somebody, did it?" -- was no confession at all. Mejia also implied that a five-minute differential between the last witness who saw Goyette driving and the time of the crash meant that his client switched places with Frost. Goyette did not testify. In her rebuttal, Minder reminded the jury of testimony that even though Goyette sometimes loaned his truck to others, he always drove it when he was in it. It was unclear if the dissenting juror on the manslaughter charge did not believe Goyette was the driver or simply that he was guilty of the lesser negligence charge. The defense polled the jury on the manslaughter charge only. As Goyette left the courtroom for jail, he whispered goodbye to his family. With that he was gone, a prisoner of the state until the month of August in the year 2005. Mail Tribune Copyright �  The Mail Tribune 1999, Medford, Oregon USA