The Phoenix DUI Law Blog

Man Found Guilty of Manslaughter in 2009 Death of Bicyclist

Jurors found Gary Lynn Foshee guilty of manslaughter for causing the death of Queen Creek bicyclist Russell Jenkins in 2009, reports The Arizona Republic.

Foshee was accused of striking Jenkins head-on with his car while driving under the influence in the wrong lane of traffic.

In addition to manslaughter, he was also found guilty of driving under the influence of alcohol and endangerment.

"I'm pleased with the verdict," Bob Beane, president of the Coalition of Arizona Bicyclists, told The Republic. "Our goal is to prevent these incidents from happening in the first place."

In 2009, 25 of Arizona's 806 traffic deaths involved cyclists, according to Ed Beighe, a member of the coalition. Seven of the cycling death cases ended up in criminal charges for the drivers, and five of those drivers were reportedly under the influence at the time of the incidents.

The 55-year-old Gary Lynn Foshee is scheduled to be sentenced on March 23 in a Maricopa County court.

Besides risking losing your own life, you could risk spending a part or the rest of your life in prison if your DUI causes the death of another person. Drunk drivers can face vehicular manslaughter or even murder charges for causing the death of bystanders, passengers, or other drivers.

A person can be convicted of manslaughter if he or she is found to have recklessly caused the death of another person. Manslaughter is a class 2 felony, punishable by up to 10 years in prison if it's your first offense.

If you have been arrested on suspicion of a DUI causing death, you should speak with an experienced DUI attorney about your case and potential legal defenses.

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