The jury trial for a Warsaw man charged with an impaired vehicle crash that killed a 22-year-old woman opens today in Noble County.
Samuel Davis Jr., 36, of 3762 W. Old 30, Warsaw, will stand trial against two counts of causing death while operating a motor vehicle with a Schedule I or II controlled substance in the body and causing death when operating a motor vehicle with a blood-alcohol content greater than 0.15 percent – each Class B felonies – in connection with the March 2, 2010, crash that killed Victoria L. Anderson, of Warsaw, and left himself seriously injured. A Class B felony holds a sentencing range of six to 20 years, per Indiana Code.
The trial was moved to Noble County after Davis petitioned for and was granted a change of venue earlier this year.
During the scheduled four-day trial before Noble Superior Court Judge Robert E. Kirsch, prosecutors will argue that a drunken and high Davis was driving the small green Saturn sedan that drove off the westbound Old 30 roadway and hit a tree near the intersection with CR 350W, Warsaw, just before 4:30 a.m. that day.
Anderson suffered massive head and internal injuries as a result of the crash and was pronounced dead at the scene.
Medics found Davis pinned behind the car’s steering wheel, and emergency crews cut him from the vehicle before he was airlifted to Fort Wayne’s Parkview Hospital. He initially was listed in serious condition, later upgraded to fair and then released.
Following an investigation by the Kosciusko County Fatal Alcohol Crash Team, the Kosciusko County Prosecutor's Office determined that presumptive blood test results and other evidence provided sufficient probable cause to file the Class B felony charges against Davis.
Davis had attempted to plead guilty in June 2010 to a lesser Class C felony charge through a plea agreement negotiated by Davis's attorney, Christopher Kehler, and Kosciusko County Deputy Prosecuting Attorney Doug Fahl, but Kosciusko Court Judge Joe Sutton tossed out the deal, saying it was not in line with the of the nature of the charge and Davis’s previous criminal history. In 1996, Davis was sentenced to 18 months in prison for theft and receiving stolen property out of Kosciusko County.
Davis then petitioned the court for a change of venue, and the proceedings were transferred to the Noble County Court system.
Open arguments are expected around midday today. The trial is scheduled for four days.
