A former marine charged with murder in a fatal DUI crash in Orange County plans on using post traumatic stress disorder to negate the malice required to sustain a murder conviction. The former marine’s criminal defense lawyer contends that his client was suffering from post traumatic stress disorder from combat while on his tour of duty in Iraq and, as such, couldn’t understand and appreciate Marine Corps lectures that drinking and driving was dangerous to human life.
Elijah Leigh Ferguson had recently returned from a four month tour of duty in Irap when, on February 22, 2008, he slammed into the back Dr. Michael Aung Seine’s Aston Marin while he was waiting at a light at Jamboree Road and MacArthur Boulevard in Newport Beach. Police estimate that Ferguson was traveling at about 75 mph at impact and didn’t even try to brake or swerve to avoid the collision. Dr. Seine was killed on impact and his wife suffered severe head and back injuries. Three hours after the crash it was determined that Ferguson had a blood alcohol level of .12%.
Further investigation into the former marines deadly DUI crash revealed that Ferguson had spent the evening playing drinking games with fellow marines and had to pull rank to get his car keys back since they were taken away to prevent him from driving after having consumed so much alcohol.
As a result of the fatal DUI crash, former marine Ferguson was charged with murder under the theory of implied malice which, in this case, means that Ferguson knew that driving under the influence of alcohol was dangerous to human life yet did it anyway. To establish this element of the offence, the Orange County District Attorney’s Office is relying on the fact that Ferguson attended weekly “Liberty Briefings” in which warnings about the dangers of drinking and driving was a central theme. Prosecutors also plan on calling witnesses to establish that Ferguson last attended a meeting just hours prior to the deadly DUI crash in Orange County.
Ferguson’s criminal defense lawyer now claims that the former marine suffers from post traumatic stress disorder as a result of his combat mission in Iraq’s Anbar province and, as such, could not appreciate the warnings that were taught during the “Liberty Briefings.” His criminal defense attorney plans on calling mental health experts at trial to prove that his client was suffering from post traumatic stress disorder at the time of the fatal DUI crash.
Deputy District Attorney Susan Price plans on excluding any testimony regarding post traumatic stress disorder at trial. In a written motion, Price argued that expert testimony regarding Ferguson’s mental health is irrelevant to the murder charges.
“There is no indication that the defendant’s fear of car bombs would result in him not only drinking, but also driving after drinking heavily,” Price said. “There is simply no foundation to support such a link.”
Ferguson was discharged from the Marine Corp shortly after the deadly DUI crash. If convicted, the former marine faces a potential sentence of 18 years to life in prison.
Related Orange County attorney post
- Marine Sentenced in DUI Death of Doctor A former marine was sentenced today in connection with with...
- DA Says Driver Ignored the Dangers of DUI Update 2/16/10: Brittany Schuetz found guilty of DUI murder Brittany...
- San Clemente DUI Driver Gets 55 Years in Prison A DUI driver that crashed his SUV into a tree...
- Man with 2 Prior DUIs Gets Life Sentence in Orange County! The Orange County Register reports that a Fontana man with...
- Los Angeles DUI Defense Attorney: DUI Murder? If I am driving under the influence and hit and...
You must log in to post a comment.
{ 1 trackback }