Darwin Dee Reisner | Bannock County Jail
POCATELLO — Prosecutors have opted to dismiss a vehicular manslaughter charge filed against a man accused of striking and killing a pedestrian on South 5th Avenue while driving drunk.
Darwin Dee Reisner, 64, now faces a single felony charge for aggravated driving under the influence.
RELATED | ‘I’m the one that hit it’: Documents detail fatal vehicle-pedestrian collision
The decision to dismiss the manslaughter charge was made by the Bannock County Prosecutor’s Office because both crimes carry the same maximum potential prison sentence — 15 years.
Additionally, the burden of proof is easier to meet with an aggravated DUI charge.
Should this case go to trial, the prosecuting attorneys will have to prove to a jury that Reisner was driving drunk when he struck and injured — or killed — the pedestrian, 36-year-old Rachelle Wallace, of Pocatello.
In order to gain a conviction of manslaughter, the prosecutors would have to prove Wallace was killed by the initial collision, and not by a second vehicle that struck her as she lay in the street following the first.
Reisner was arrested on Dec. 10 by Pocatello police officers responding to a 911 call reporting a vehicle-pedestrian collision.
When officers arrived, they were told by a witness that Wallace was hit while crossing at the intersection of South 5th and Jackson Avenues. The witness told officers that Wallace was “launched” some 50 feet.
While they were at the scene, officers were approached by Reisner, who allegedly said, “I’m the one that hit it.”
Officers administered two alcohol tests at Portneuf Medical Center. They returned blood-alcohol content readings of .125% and .128% — well above the legal limit of .08%.
Though Resiner has been charged with these crimes, it does not necessarily mean he committed them. Everyone is presumed innocent until they are proven guilty.
He is scheduled to be arraigned by District Judge Robert Naftz on March 20.
The post Manslaughter charge dismissed against man who allegedly killed Pocatello pedestrian appeared first on East Idaho News.
Source: eastidahonews.com
Manslaughter charge dismissed against man who allegedly killed Pocatello pedestrian
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