Date: 10-14-2017

Case Style:

Case Number: 16-000529-FH

Judge: Archie C. Brown

Court: Circuit Court, Washtenaw County, Michigan

Plaintiff's Attorney: Brenda Taylor

Defendant's Attorney: Michael Rex

Description: Amm Arbor, MI - Jury Convicts Truck Driver Of Causing Fatal Crash While Texting

The State of Michigan charged Alpha Oumar Dialoo with multiple felonies and misdemeanors for causing a fatal accident while texting on U.S. 23 on July 8, 2015. The State also claimed that the Defendant was impaired under the influence of oxycodone. The Defendant did not break before his truck hit the vehicle in which 83-year-old Edyth Ellsworth was a passenger killing her and severely injuring the driver.


Diallo took the stand and admitted that he had taken an oxycodone for pain and that he did not see the backed up traffic in front of him before the accident.

Charges:

Charges: Diallo, Alpha Oumar Statute Level Date
1. OPERATE WHILE INTOXICATED CAUSING DEATH 2576254 Felony 07/08/2015

2. OP-WHILE INTOXICATED CAUSING SERIOUS INJURY 2576255-A Felony 07/08/2015

3. OP-WHILE INTOXICATED CAUSING SERIOUS INJURY 2576255-A Felony 07/08/2015

4. RECKLESS DRIVING CAUSING DEATH 2576264 Felony 07/08/2015

5. RECKLESS DRIVING CAUSING IMPAIRMENT OF BOD FUNCT 2576263 Felony 07/08/2015

6. RECKLESS DRIVING CAUSING IMPAIRMENT OF BOD FUNCT 2576263 Felony 07/08/2015

7. MOVING VIOLATION CAUSING DEATH 257601D1 Misdemeanor 07/08/2015

8. MOVING VIOLATION CAUSING IMPAIRMENT OF BOD FUNCT 257601D2 Misdemeanor 07/08/2015

9. MOVING VIOLATION CAUSING IMPAIRMENT OF BOD FUNCT 257601D2 Misdemeanor 07/08/2015

Events & Orders of the Court
OTHER EVENTS AND HEARINGS
06/06/2016 Bind Over Packet Received
06/06/2016 Defendant's Bond
PR bond continued
Amount: 20,000.00
07/20/2016 Pre-Trial (1:30 PM) (Judicial Officer Brown, Archie C.)
Result: Adjourned
08/01/2016 Transcript
of Preliminary Examination held 06 06 16 (107 pages)
08/01/2016 Demand - Waiver for Transcript of Preliminary Examination
08/17/2016 Pre-Trial (1:30 PM) (Judicial Officer Brown, Archie C.)
adj 7/20
Result: Held
08/25/2016 Scheduling Order
sgd 08 17 16
09/09/2016 Notice of Additional Witnesses - Pros. Atty
Intends to Produce at Trial and Witnesses Pros Atty Intends Not to Produce at Trial/Proof of Service
09/09/2016 People's Request for Discovery
/Proof of Service
09/29/2016 Motion
to Quash Information
09/29/2016 Notice of Hearing
09/29/2016 Certificate of Service
09/29/2016 Memorandum
in Support of Motion to Supress Blood Test Results
09/29/2016 Motion
to Supress Blood Test Results
09/29/2016 Notice of Hearing
09/29/2016 Memorandum
in Support of Motion to Supress Cell Phone and Contents
09/29/2016 Certificate of Service
09/29/2016 Motion
to Supress Cell Phone and its Contents
09/29/2016 Certificate of Service
09/29/2016 Response
To request for discovery
09/29/2016 Memorandum
in Support of Motion to Quash Information
09/29/2016 Notice of Hearing
09/29/2016 Certificate of Service
10/11/2016 Response
to Defendant's Motion to Quash/ Proof of Service
10/11/2016 Response
to Defendant's Motion to Suppress Cell Phone and Contents/Proof of Service
10/11/2016 Response
to Defendant's Motion to Suppress Blood Test Results/Proof of Service
10/11/2016 Response
to Defendant's Motion to Suppress Blood Test Results/ Proof of Service
10/12/2016 Motion Hearing (1:30 PM) (Judicial Officer Brown, Archie C.)
Deft/ Motion to Suppress Cell Phone and Contents; Motion to Suppress Blood Test Results; Motion to Quash Information
Result: Held
10/17/2016 Supplemental Document
Briefing Regarding the Suppression of the Cell Phone Search/ Proof of Service
10/19/2016 Certificate of Service
10/19/2016 Brief
in Support of Motion
10/19/2016 Motion
for Video Trial Testimony for Out-of-State Witness
10/19/2016 Motion
for Video Trial Testimony of Out-of-State Witness
10/19/2016 Certificate of Service
/ cert of service
10/19/2016 Memorandum
in Support of Motion for Bill of Particulars
10/19/2016 Memorandum
in Support of Motion for Bill of Particulars
10/19/2016 Motion
for Bill of Particulars/ Motion for Bill of Particulars
10/19/2016 Notice of Hearing
/ Notice of Hearing
10/19/2016 Notice of Hearing
/ Notice of Hearing
10/24/2016 Reply
To people's supplemental briefing regading suppression of cell phone search
10/24/2016 Opposition
and Response to Motion for Bill of Particulars/ Proof of Service
10/24/2016 Certificate of Service
10/24/2016 Response
To defendant's motion for video trial testimony of out of state witness/Proof of service
10/26/2016 Motion Hearing (1:30 PM) (Judicial Officer Brown, Archie C.)
Deft/ Motion for Video Trial Testimony; Motion for Bill of Particulars
Result: Held
10/26/2016 Document
Certification Regarding Defendant's Motion for Video Trial Testimony of Out-of-State Witness
10/26/2016 Notice
of the People's Intent to Offer Records of Regularly Conducted Activity into Evidence/Proof of Service
10/28/2016 Evidentiary Hearing (9:00 AM) (Judicial Officer Brown, Archie C.)
Result: Held
10/31/2016 List
of Evid Hearing Exhibits
11/02/2016 CANCELED Final Pre-Trial (1:30 PM) (Judicial Officer Brown, Archie C.)
Cancel
Jury 11/14
11/03/2016 Order
Denying motion to supress blood test results/Denied ( sgd 11-1-16)
11/03/2016 Order
Denying motion to quash counts 1 through 3 of information. ( Sgd 11-1-16)
11/03/2016 Order
Denying motion to supress evidence obtained from search warrant regarding cell phone ( Sgd 11-1-16)
11/09/2016 Order
Granting Motion to Stay Proceedings (Sgd 11 09 16)/Proof of Service
11/14/2016 CANCELED Jury Trial (8:30 AM) (Judicial Officer Brown, Archie C.)
Cancel
11/16/2016 Notice of Filing of Transcript and Affidavit of Mailing
11/16/2016 Transcript
of Evidentiary Hearing Held 10 28 16
11/16/2016 Transcript
of Motion Hearing Held 10 26 16
11/16/2016 Transcript
of Motion Hearing Held 10 12 16
12/07/2016 Status Conference (1:30 PM) (Judicial Officer Brown, Archie C.)
Review status of appeal
Result: Adjourned
03/29/2017 Status Conference (1:30 PM) (Judicial Officer Brown, Archie C.)
Review status of appeal; adj 12/7, 1/25, 3/29
01/25/2017 Reset by Court to 03/29/2017
Result: Adjourned
04/12/2017 Copy of Court of Appeals Order
Leave to Appeal Denied (sgd 04 10 17)
05/03/2017 Pre-Trial (1:30 PM) (Judicial Officer Brown, Archie C.)
Per 4/18 email
Result: Held
05/05/2017 Scheduling Order
(Sgd 05 03 17)
06/07/2017 CANCELED Status Conference (1:30 PM) (Judicial Officer Brown, Archie C.)
Event Cancelled By Court
Review status of appeal; adj 12/7, 1/25, 3/29
08/14/2017 Motion
in limine to preclude evidence of use and possession of marijuana/ notice of hearing/ proof of service
09/05/2017 Certificate of Service
09/08/2017 Response
to People's Motion in Limine to Preclude Evidence of the Use and Possession of Marijuana
09/08/2017 Certificate of Service
09/11/2017 Proof of Service
09/11/2017 Notice of Hearing
09/11/2017 Motion
And brief to exclude " Expert" testimony
09/14/2017 Opposition
to Deft's combined motion and brief to exclude expert testimony/ proof of service
09/20/2017 Final Pre-Trial (1:30 PM) (Judicial Officer Brown, Archie C.)
Jury Trial 10/10
Result: Held
09/20/2017 Motion Hearing (1:30 PM) (Judicial Officer Brown, Archie C.)
Pltf/ Motion in Limine to Preclude evdence of Use and Possession of Marijuana Deft/ to Exclude "Expert" Testimony
Result: Held
09/25/2017 Motion
to Compel Mandatory Discovery/Proof of Service
10/02/2017 Document
People's Requested Jury Instructions/Proof of Service
10/02/2017 Document
People's Proposed Voir Questions/Proof of Service
10/02/2017 Memorandum
in Support of Defendant's Requested Jury Instruction Regarding Reckless Driving
10/02/2017 Document
Defendant's Proposed Jury Instructions
10/02/2017 List
Defendant's List of Proposed Jury Instructions and Jury Instructions
10/04/2017 Motion Hearing (1:30 PM) (Judicial Officer Brown, Archie C.)
Pltf/ People's Motion to Compel Mandatory Discovery
Result: Held
10/04/2017 Response
People's Response to Defendant's Proposed Modification of the Model Jury Instruction for Reckless Driving/Proof of Service
10/04/2017 Request
for judicial notice/ proof of service
10/05/2017 Request
Emergency request for the Court to issue its decision on the elements of the Reckless Driving Charges no later than noon (12:00pm) on Friday October 6, 2017 with proof of service
10/10/2017 Jury Trial (8:30 AM) (Judicial Officer Brown, Archie C.)
Adv. 10/10 Adj 10/2
10/02/2017 Reset by Court to 10/10/2017
10/10/2017 Reset by Court to 10/02/2017
Result: Held
10/11/2017 Jury Trial Continued (8:30 AM) (Judicial Officer Brown, Archie C.)
**ACB**
Result: Held
10/11/2017 Order
Regarding Elements of the Reckless Driving Charges/Proof of Service (Sgd 10 06 17)
10/12/2017 Jury Trial Continued (8:30 AM) (Judicial Officer Brown, Archie C.)
**ACB**
Result: Held
10/12/2017 Document
Defendant's Requested Voir Dire
10/12/2017 Document
Defendant Diallo's Revised Requested Jury Instructions Regarding Reckless Driving
10/13/2017 Jury Trial Continued (8:30 AM) (Judicial Officer Brown, Archie C.)
**ACB**

Outcome: Defendant was found guilty of three felonies and three misdemeanors.

Plaintiff's Experts:

Defendant's Experts:

Comments: