Pubdate: Wed, 22 Nov 2000
Source: Arizona Republic (AZ)
Copyright: 2000 The Arizona Republic
Contact:  200 E. Van Buren St., Phoenix, AZ 85004
Website: http://www.arizonarepublic.com/
Author: Jim Walsh, The Arizona Republic

IMPAIRMENT, SPEED KEY FACTORS IN TRIAL

The second trial of a Gilbert man charged with killing three people in a 
northeast Phoenix traffic collision hinges on whether he was impaired and 
if he was speeding.

Prosecutors argue Justin Eveland smoked marijuana and drank alcohol before 
the April 30, 1999, collision at Shea Boulevard and 57th Street, where his 
Nissan slammed into a Plymouth and killed Richard Zielinski, 74, his 
mother, Catherine Zielinski, 94, and her brother, Frank Minarich, 84.

Deputy Maricopa County Attorney Michael Gingold said in opening statements 
Tuesday that Eveland tested positive for an active metabolite of marijuana 
and "the defendant was speeding like a bullet that cost them their lives."

Defense attorney Chad Shell admitted Eveland smoked marijuana at 7 that 
morning but said that had nothing to do with a collision that happened at 2 
p.m.

Police jumped to a false conclusion after testing Eveland's blood, Shell 
said, because Eveland made "probably the biggest mistake of his life" by 
swallowing a small amount of marijuana after the accident to avoid a drug 
possession arrest.

"It makes it look like he's high as a kite," Shell said. Shell called the 
collision "a tragic accident" and blamed the victims, saying driver Richard 
Zielinski's car "pulled out in the middle of the roadway and had no right 
to be there."

Eveland, 19, was found guilty by jurors in March of three counts of 
manslaughter, but Maricopa County Superior Court Judge Brian Ishikawa 
granted a new trial on a technicality.

Ishikawa ruled he erred by allowing prosecutors to recall a witness to 
clear up inconsistencies in his testimony and by failing to tell jurors 
they could find Eveland innocent if they believed the collision was someone 
else's fault.

The victims, all Phoenix residents, were en route to lay flowers on a 
relative's grave. A witness, Kim Demarchais, testified she was going east 
on Shea Boulevard when the Nissan passed her, going an estimated 65 mph.

"It was instantaneous, the passing car and seeing the results of the 
collision. Like a blink of an eye," Demarchais said.

Katherine Hanke, another witness, said Eveland was going so fast that her 
Cadillac shook as he passed. After witnessing the collision, Hanke said she 
watched Eveland get out of the car.

"He was very obscene and was very upset at the driver of the other car," 
she said. "He said he was stupid and pulled out in front of him. He was 
very vulgar."
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