Shaun Johnson, whose vehicular assault trial opened Tuesday, does not dispute that 16-year-old Justin Carey suffered substantial injuries when her car struck him as he waited for a school bus. But her attorney, Shon Bogar, in his opening statement asked jurors to acquit his client on two of three charges.
Carey had to have his right leg amputated at the knee as a result of the injuries he suffered on June 10, 2013.
“What happened to Justin is an absolute tragedy. It wasn’t his fault,” Bogar said. “I submit, by the end of this trial, tears will be shed and rightfully so. But this was an accident.”
Johnson, 48, of Amboy, faces charges of vehicular assault, possession of methamphetamine and bail jumping.
Bogar said his client does not deny missing a court hearing in November 2014. He said the trial should focus on the other charges.
On the morning of the crash, Johnson was traveling south on Northeast 82nd Avenue toward her workplace shortly after 7 a.m. While en route, she said she dropped a lit cigarette onto the floor and removed her seat belt to bend down and retrieve it. Her 2006 Nissan Altima veered off the road just south of Northeast 289th Street and struck Carey, according to a probable cause affidavit filed in Clark County Superior Court. Carey landed in bushes after being flung more than 80 feet. The impact fractured both of his legs and severed an artery in his right leg.
Paramedics responded to the crash and began treating Johnson for a broken arm. She didn’t mention she had hit someone with her car, and emergency responders didn’t see Carey because he was concealed by the bushes. A tow truck driver found him more than 90 minutes later, court records said.
Johnson told police she didn’t know she struck Carey, according to the affidavit.
While paramedics treated Johnson, the initial responding officer, sheriff’s Deputy Tim Gosch, retrieved her driver’s license from her purse to help him fill out a collision report and allegedly found two small bags of methamphetamine, court documents said.
On Tuesday, Bogar argued that despite finding the bags, Gosch did not arrest Johnson, and it didn’t become a criminal case until after Carey was discovered. He also noted that a detective who specializes in drug detection and interviewed Johnson did not conclude she was under the influence of meth at the time of the crash.
Senior Deputy Prosecutor Kasey Vu told the jury Johnson had admitted to law enforcement that she is an addict and had used the drug two days prior. He said a detective interviewed Johnson at the hospital and picked up on clues that she was under the influence, but he could not have her perform any physical sobriety tests because of her injuries. Her behavior was also not what would be expected of someone taking the two pain medications she received at the hospital.
“Something else was in the defendant’s system interfering,” he said.
Vu said authorities obtained a search warrant for Johnson’s blood and sent a sample to the crime lab for testing; he said it tested positive for methamphetamine.
“This is about the defendant’s conduct, actions and choices made in this case that forever changed Justin Carey’s life. He wanted to join the Army. His dreams, his wishes and his plans were crushed by the impact of the defendant’s car on his body,” Vu said.
Several of the state’s witnesses testified Tuesday afternoon. The trial is scheduled to continue this morning with additional testimony from witnesses, including Carey.
