The Associated Press
PEORIA, Ill. (AP) - After deliberating for five hours, a Peoria County jury on Friday found a 23-year-old central Illinois man not guilty of reckless homicide in a crash last year that killed a Peoria County Sheriff’s deputy.
The jury also found John Becker of Washington not guilty of two counts of aggravated driving under the influence of alcohol, the (Peoria) Journal Star reported.
Thirty-year-old James Mulay, a 7-year veteran of the sheriff’s department, died when his squad car was struck broadside by a pickup truck driven by Becker on May 19, 2003.
Prosecutors had alleged Becker was intoxicated and likely ran a red light when he crossed an intersection north of Peoria.
Becker denied he was drunk and said he had a green light.
During the trial, attorneys argued over Becker’s blood-alcohol level. His level was 0.07 percent about one hour after the crash and 0.032 percent three hours later, Becker’s attorney Ronald Hamm said. In Illinois, the legal limit is 0.08.
A toxicology expert who testified for the prosecution said Becker’s blood-alcohol level did not show he stopped drinking at dusk as he had testified.
Hamm said Becker exhibited no signs of being intoxicated and none of the emergency crews at the crash scene noticed any impairment. An Illinois State Police trooper who detected the smell of alcohol did not perform any sobriety tests, Hamm said.
Becker said he was driving an intoxicated friend home from a graduation party.
Peoria County Sheriff Mike McCoy said Friday he was disappointed with the verdict.
“I think its tragedy for both families, but we have a legal system in place and the legal system has spoken,” McCoy said. “Although we’re not very happy with it.”