Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.
Help support the publication of case reports on MoreLaw
Date: 11-15-2024
Case Style:
State of Indiana v. Joshua T. Trammell
Case Number: 24C01-2108-F4-713
Judge: J. Steven Cox
Court: Circuit Court, Franklin County, Indiana
Plaintiff's Attorney: Franklin County, Indiana Prosecuting Attorney's Office
Defendant's Attorney:
Description:
Brookville, Indiana criminal defense lawyer represented the Defendant charged with operating a motor vehicle while under the influence of a controlled substance causing death.
On July 7, 2023 [sic], police responded to a two-vehicle crash on U.S. 52 in Franklin County. When police arrived, they observed a 2014 Kia Soul was "off the side of the roadway, fully engulfed in flames" and a 2001 Chevy Silverado was turned over on its side on the roadway, "with a trailer that had detached nearby." The driver of the Kia Soul, identified as Jenni Fasbinder, was pronounced dead at the scene.
The driver of the Silverado truck, identified as Trammell, was transported to the hospital by ambulance with injuries to his head and face. Because of the extent of Trammell's injuries, officers were unable to conduct standard field sobriety tests at the scene. While at the hospital, Trammell's preliminary breath test revealed no alcohol in his blood. A licensed phlebologist drew Trammell's blood "to be submitted for analysis to detect the presence of alcohol and/or illegal controlled substances." The toxicology "analysis determined the presence of both amphetamine and methamphetamine in Trammell's blood," both of which are Schedule II controlled substances.
Trammell "claimed that the other vehicle crossed left-of-center, which caused the collision. His claim was not supported by what [Deputy Jason Lovins] observed at the scene." "Based on the relative positioning of the vehicles, it appeared that the Silverado operated by Trammell had crossed left of center into the opposite lane of travel, causing a head-on collision with the Soul." After road crews turned the Silverado upright, debris was found where the vehicle had been on its side. "Among the debris were two hypodermic needles, . . . common for intravenous drug use[,]" and a cooler containing unopened alcoholic beverages.
Trammell v. State, No. 23A-CR-700, 2023 WL 5607071, at *1 (Ind.Ct.App. Aug. 30, 2023) (mem.) (record citations omitted).
[¶3] The State charged Trammell with operating a vehicle while under the influence of a controlled substance causing death, as a Level 4 felony[1] (Count 1); operating a motor vehicle while intoxicated causing death, as a Level 4 felony[2](Count 2); reckless homicide, as a Level 5 felony[3] (Count 3); and one count of possession of a syringe, a Level 6 felony[4] (Count 4). The State also alleged that he was a habitual offender.[5] On January 30, 2023, Trammell pleaded guilty, without the benefit of a plea agreement, to Count 1 and admitted to being a
habitual offender. The court entered judgment of conviction accordingly and, on the State's motion, dismissed the remaining counts.
Trammell v. State, 24A-CR-1650 (Ind. App. Nov 15, 2024)
Outcome: Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments: