Linsly Hosts Mock D.U.I. Crash & Trial

April 12-13, 2006

   

The Moundsville law firm of Gold, Khourey & Turak, teaming with the Wheeling Fire Department, Ohio County Sheriff’s Department, ACE Garage, Judge Arthur M. Recht, attorney W. Howard Klatt from Klatt Law Offices, and school administrators and students from The Linsly School highlighted the seriousness of impaired driving to juniors and seniors at Linsly in a two-day presentation that involved a mock D.U.I. crash and trial.

On Wednesday afternoon, more than 100 students, teachers, and parents from Linsly gathered in the school’s field house to hear a scenario that involved a weekend celebration and a seemingly harmless confrontation that ended in a head-on collision and the unfortunate death of one student, Evan Oslund. After listening to the scenario, the students walked outside to the crash scene, where two vehicles were situated as if they were just involved in a head-on collision. Inside the vehicles were students “made-up”with fake blood and torn clothes.

Deputy John Haglock and Corporal Doug Ernest of the Ohio County Sheriff’s Department were first on scene. Shortly after, personnel from the Wheeling Fire Department and Rescue arrived. With lights on and sirens sounding, the mock scene appeared to be a real emergency. In fact, the “Jaws of Life” were used to remove the passengers from Evan Oslund’s, the victim’s, vehicle. Bodies were carried to the ambulance and field sobriety tests were performed. Witnesses were intrigued and shocked at how real this mock crash was unfolding right before their eyes.

The driver of the other vehicle, Jack Waddel, a senior at Linsly, was “arrested” and charged with D.U.I. causing death, among other charges. Many bystanders commented that the crash “was very educational”, and proved more convincing than a lecture. Afterwards, officers and emergency personnel had the opportunity to speak with the students and answer any questions they had about the crash scene.

As in real life, the nightmare for those who decide to drive while impaired doesn’t end with just a crash. On Thursday morning, the students gathered in the school’s cafetorium to witness Jack Wadell stand trial for causing the death of Evan Oslund. Judge Arthur Recht of the First Judicial Circuit Court of West Virginia presided over the case, while Christopher Turak of Gold, Khourey & Turak and W. Howard Klatt of Klatt Law Offices, prosecuted and defended the case. Linsly student Erika Jenkins served as co-counsel for the prosecution, while student Nikita Urval assisted with the defense. The jury consisted of 12 students from Linsly’s S.A.D.D. program.

Judge Recht conducted the trial as close to a real trial as possible. Witnesses were sworn in, reports, photos, and exhibits were entered into evidence, and objections heard, just as would happen in a real court room. Prior to the jury deliberations, attorney Christopher Turak encouraged the students to not only remember the facts, but also the life of Evan Oslund. “Evan was a student, a friend, and a son, who had his whole life in front of him. Then, all of a sudden, his life was ended because the defendant decided to drive under the influence.” Turak continued, “The defense would like you to believe that this crash was caused because of rage because of the incident with his girlfriend, I would suggest to you that Evan’s death was caused by nothing less than a drunken rage.” Defense attorney Howard Klatt encouraged the jury take a close look at the facts. “Sure, Jack was drinking, having a good time, but was he drunk, NO!,” offered Klatt. “We heard testimony about the poor condition of the road and the intersection, and the fact that the head injury sustained by my client in the accident may have prevented him from passing the field sobriety tests.”

In the end, the jury returned a verdict of guilty of D.U.I. causing death. Janet Summers, mother of the deceased, provided an emotional impact statement on behalf of her son. Summers showed photos of her son and told the jury how he was going to take over the family business, and what her son meant to her and her family. “He was our only child and stood to be totally responsible for our family and business interests,” Summers said. “The emotional impact is severe. Having only one child and to have that child taken away by such a careless and senseless act is devastating to any family.”

Judge Recht then spoke to the audience about the sentencing phase. “The hardest part of being a judge is this stage as you sit in judgment of another,” said Judge Recht. “The penalty under the statute for D.U.I causing Death is 1 year but not less than 10 years in the penitentiary.” Recht explained that the Court offered him alternative sentencing, which he felt was acceptable considering the age of the defendant. Recht allowed that he would sentence the defendant to “...Camp Anthony for no less than 9 months, then return to the Court and placed on probation for 5 years.” This is assuming the defendant did not get into any “trouble” at Camp Anthony. Recht explained to the audience that sending an individual to the penitentiary at such a young age would not be productive.

Gold, Khourey & Turak is a personal injury law firm located in Moundsville that represents victims of drunk drivers. As the result of their firsthand experience, their hope is that these mock presentations will prove effective in deterring individuals from drinking and driving.

Additional information about the mock accident and trial can be obtained by calling the law offices of Gold, Khourey and Turak at (304) 845-9750.