Date: 09-23-2024

Case Style: Fl

State of Indiana v. Lisa Georgia Damico

Case Number: 45G01-2203-F5-143

Judge: Salvado Vasquez

Court: Superior Court, Lake County, Indiana

Plaintiff's Attorney: Lake County Indiana Prosecuting Attorney's Office

Defendant's Attorney:

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Description:

Hammond, Indiana criminal defense lawyer represented the Defendant charged with auto reckless homicide.

[¶2] On January 30, 2022, at around 8:50 a.m., Damico drove her Volvo southbound on U.S. 41 in Highland toward the intersection of Ramblewood Drive. The "busy," "complex" intersection consists of five lanes: two left turn lanes, two through lanes, and one right turn lane. Tr. Vol. 4 at 190, 149. The speed limit on southbound U.S. 41 is thirty-five miles per hour, and there is a hill just prior to the intersection with Ramblewood Drive. Id. at 150. As Damico crested the hill, the southbound traffic on U.S. 41 was stopped at a red light at the intersection, and cars were turning left from Ramblewood Drive onto northbound U.S. 41. A Hyundai driven by Socorro Keresztes was the third car to navigate the turn. However, before Keresztes's car made it through the intersection, Damico failed to stop at the red light, "whipp[ed] around"[1] the stopped southbound vehicles, entered the intersection at ninety-one miles per
hour, never applied the brakes, and "T-boned" Keresztes's Hyundai. Id. at 9394, 110, 117-19, 152, 155.

[¶3] Keresztes's Hyundai spun from the middle of the intersection and came to a stop on the curb on southbound U.S. 41. The impact collapsed the driver's side of Keresztes's car. Keresztes died within minutes due to injuries sustained during the crash. Meanwhile, Damico's Volvo, which had continued southbound, careened to the left into the traffic lanes of northbound U.S. 41, veered down an embankment, and came to rest in a parking lot. A responding officer who approached Damico at the scene noted that she "appeared disoriented" and gave "contradicting" statements. Id. at 140. Damico was taken via ambulance to a hospital, where she tested negative for the presence of alcohol or other intoxicating substances.

[¶4] In March 2022, the State charged Damico with reckless homicide[2] and driving while suspended, both level 5 felonies. The latter charge was dismissed. After a December 2023 trial, the jury found Damico guilty of reckless homicide. Thereafter, a presentence investigation report was completed, and Damico filed a sentencing memorandum. In the memorandum, Damico highlighted as proposed mitigating facts her lack of prior criminal history, the unlikelihood of
the crime recurring, her positive character, a medical condition that might excuse her conduct, and that restitution[3] would be made.

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Damico v. State, 24A-CR-509 (Ind. App. Sep 23, 2024)

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: