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NEW PORT RICHEY — No one disputes it was Shannon Leyland Stephen's pick-up truck that ran down and killed Joseph Swiech and Sarah Gleason as they walked home from the Chasco Fiesta two years ago.
As Stephen went on trial Monday for their deaths, his lawyer conceded that, yes, his client's maroon Chevy pick-up was involved. And yes, his client was drunk in those early morning hours of March 26, 2006.
But defense attorney Kenneth Foote said the state will not be able to prove that Stephen was the one behind the wheel.
Foote hinted in the defense's opening argument that it was two friends with Stephen that night who may be responsible.
"He is not guilty of this," Foote told the jurors. "I'm confident when you hear about all the mistakes in this case, the rush to judgment, the conflicting stories, you're going to see what really happened on that evening."
But Assistant State Attorney Eric Rosario told jurors the evidence was clear: The victims' friends pulled Stephen from the driver's seat of the damaged truck minutes after he allegedly ran over the couple on Grand Boulevard and kept going.
The prosecutor said the defendant also had a blood-alcohol level of 0.240 —- three times the level at which Florida presumes a driver is impaired.
"The defendant was inching the truck across State Road 54," Rosario said. "(The friends) block him in, yank him out of the truck and wait for the police.
"(Stephen) has the classic signs of intoxication," he said. "He doesn't seem to know what's going on."
Swiech, 26, died at the scene. Gleason, 24, died at a St. Petersburg hospital. They had planned to marry.
Stephen, 36, is charged with two counts of DUI manslaughter and leaving the scene of an accident involving death.
He faces up to 45 years in prison if convicted. The trial continues today.
Jamal Thalji can be reached at thalji@sptimes.com or (727) 869-6236.
[Last modified: Jun 19, 2008 09:54 AM]
Comments on this article
by Nina
Jun 19, 2008 9:54 AM
He's as guilty can be ... if he wasn't the driver, why wait so long to come forward and say someone else was driving?????
by Simon
Jun 19, 2008 9:49 AM
Oh wow. A magical invisible friend that nobody knows was driving, not me. If you close your eyes and can't see me, I'm not really there.
by Angelina
Jun 17, 2008 9:56 PM
it sounds to me that theres reasonable doubt!!!When you want to put someone away for 45 years you better have your facts straight!!
by Jenna
Jun 17, 2008 8:04 PM
What a slap in the face to the victims and their families to use this sad defense. Just admit your guilt and save them the heartache.
by I.D.
Jun 17, 2008 8:02 PM
there are too many stories I have read about this to be over too quick. Justice needs to be done and driving drunk is wrong but make sure the facts are there,it says in this article victims friends pulled him out the truckyet he is leaving the scene?
by Job
Jun 17, 2008 2:38 PM
Have the trial. Interview the witnesses.Let the jury assess the evidence.Accept the verdict. Isn't that what justice is?
by joanne
Jun 17, 2008 12:58 PM
please send him to jail. he killed to people there is no other thing to do. he wasn't driving give me a break stand up and take resposibility for your actions be a man and do the right thing. don't drink and drive and then try and say you didn't.
by Christine
Jun 17, 2008 9:13 AM
Don't Drink and Drive...take a cab home. Have a designated driver...do anything but drive home drunk, b/c you can say your sorry a million times but it doesn't bring your victim(s) back to life.
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