Prosecutor Ward Barrentine said Hayes’ blood-alcohol level more than two hours after the accident was .171 percent — more than twice the .08 legal limit — and that marijuana was in Hayes’ system. Hayes, who suffered serious injuries, was taken to Miami Valley Hospital.
Harvey was killed due to blunt-force trauma Sept. 17, 2011, when police said Hayes drove his 1991 Lexus through at least eight cautionary signs at Hoover and Goodlow avenues that signaled a road closure and slammed head-on into a large piece of construction equipment.
“When the paramedics removed this defendant from the driver’s seat when Ms. Harvey was pronounced dead at the scene, he told them that he had been drinking alcohol that night,” Barrentine told the jury during opening statements. “We’re going to ask you to hold him accountable.”
Defense attorney Michael Booher pointed to the large “road closed” road signs and an orange barrel that prosecutors displayed in the courtroom and said that they weren’t the signs on the narrow, unlit road the night of the accident.
“Not every tragedy is a criminal offense,” Booher said. “In this case, I think the evidence is going to show the state will fall short of proving beyond a reasonable doubt that my client is guilty of any of the offenses.”
Booher said evidence will show Hayes, who weighs more than 300 pounds, only drank half a can of Sparks branded alcoholic iced tea. Booher said multiple witnesses will testify that Hayes showed no signs of intoxication.
“That test must be discounted,” Booher said. “It doesn’t make sense… . For him to have a blood-alcohol level that high, he would have had to, quite frankly, (drink) an immense amount of alcohol.”
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