Source Reference:
https://www.inquirer.com/news/jayana-webb-hearing-murder-charges-i95-crash-20220622.html
The Philadelphia District Attorney’s Office has refiled third-degree murder charges against a woman accused of fatally striking two Pennsylvania State Troopers and a third man after a judge dismissed those counts following a day-long preliminary hearing that included multiple witnesses, videos, and presentations.
Jayana Webb, 22, is accused of fatally hitting Troopers Martin Mack III and Branden T. Sisca, along with Reyes Rivera Oliveras, 28, with her car on I-95 in the early morning hours of March 21. Webb, of Eagleville, was charged with third-degree murder for the three deaths, but on Wednesday, Municipal Court Judge Karen Simmons dismissed the three murder counts.
Webb still faces charges that include homicide with a vehicle, involuntary manslaughter, and homicide with a vehicle with DUI. Simmons set Webb’s bail at $600,000 — $200,000 for each case. Webb had been in custody since her arrest.
On Wednesday evening, a spokesperson for the District Attorney’s Office said prosecutors had refiled the third-degree murder charges, with a hearing date on the refiled charges not yet set.
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A video of the fatal strike was also shown in court Wednesday. It was the first time Webb had seen it, and defense attorney Michael Walker said that Webb broke down in tears, not saying anything to him. For Walker, playing the video in court was unnecessary.
“She was unaware of what she hit,” said Walker. “She was told she hit these people. But to actually see it takes you back to that day and the fact that ‘Oh my gosh, this is real. I hit these people and they’re dead.’ You gotta feel for her. Certainly you feel for the family. But you feel for her that she caused this accident.”
In closing arguments, Walker said that the fatal crash was merely ordinary negligence and recklessness on Webb’s part. Though he changed his testimony in court Wednesday, one witness had initially told police that it appeared that Webb pressed the brakes before fatally hitting the three men, Walker said.
Walker pointed to that, along with citing case law that had demonstrated “malice” in fatal crashes, to show that Webb did not display “wickedness.”
“That is not hardness of heart,” Walker said in court Wednesday
But according to Chung, the fact that Webb continued speeding, even after the two troopers had pulled her over in a traffic stop and told her to drive carefully, was proof that there was malice.
“She was warned just a few minutes before the crash,” said Chung.
“She ignored them,” she added. “And this terrible crash is a result of that.”
Outside the courthouse, Walker said Wednesday afternoon that he was relieved by the murder charges being dropped. At the time, the District Attorney’s Office had not yet announced their refiling of said murder charges.
“Based on the law, it shouldn’t have ever been charged as a murder case,” Walker said. “It was an accident. It was an accident. And I’m so happy and hopeful that she’ll be able to go home and talk to her family. We still have a long way to go. There are a lot of charges still left. And those charges are extremely serious and at the end of the day we still have people that perished. But today, we’re happy."
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The information contained on this website is for general information purposes only.
No information on this site should be construed or regarded as legal advice for any claim, dispute, or issue.
Viewing or receipt of this information does not constitute or intend to establish an attorney-client relationship.