DUI Murder Trial Delayed

I’m Ed Smith, an Arcata wrongful death lawyer. On Thursday, October 26, 2017, the jury trial of Arthur Merrick II, a man from nearby McKinleyville charged with hitting and killing a teenage girl while operating his vehicle under the influence of alcohol, was put on hold.

Accident Details

The accident that left Tessa Rae Gingerich, a 16-year-old girl from McKinleyville, with fatal injuries occurred in December of 2016. Officials say that it had been a dark, rainy night when Merrick, on probation for DUI-related reckless driving behavior, pulled out of the Mill Creek Shopping Center. As Merrick pulled out, his Dodge truck struck Gingerich as she was walking on the sidewalk alongside her boyfriend and one other teenage boy. The two boys managed to jump out of the way of the collision. After striking Gingerich, Merrick’s vehicle collided with a nearby pole and came to a stop.

Conflicting Reports

Witnesses of the accident have said that they stopped Merrick from fleeing from the scene of the accident. However, Merrick’s attorney argued at a preliminary hearing that there was no evidence showing Merrick attempted to leave. According to California Highway Patrol (CHP), Merrick said he lost control of his vehicle because the truck’s rear tires were bald and the rain had made the road slick.

CHP indicated that, at the time of the accident, Merrick’s blood alcohol content was around double the legal limit, indicating that he was severely impaired when he struck Gingerich, pinning her under his vehicle and leaving her with fatal injuries.

Arrest and Proceedings

Merrick was arrested at the scene of the accident and has been staying in the Humboldt County Correctional Facility since that night. He has been charged with criminal counts of murder, drunken driving, hit-and-run, and vehicular manslaughter. The murder charge is applicable because of Merrick’s April 2015 DUI driving conviction, after which he was required to sign a document stating that he knows and understands the dangers of DUI and that he can face murder charges if his drunken driving causes a fatality.

Trial Delayed

A trial date was originally set for November 20, 2017. However, Merrick’s attorney, former Conflict Counsel Greg Elvine-Kries, became a judge and a new attorney, Deputy Conflict Counsel Meagan O’Connell, was assigned to the case. O’Connell requested the delay from presiding Judge Dale Reinholtsen, arguing that she needed more time. O’Connell noted that she had only just received the case file, was still waiting on the accident report, and hadn’t yet had an opportunity to meet with her client.

Wrongful Death

Those who have lost family members because of the negligent actions of others are legally able to recover for their damages. Damages recoverable in a case of wrongful death are diverse and include things like loss of care, loss of companionship, loss of financial support, and more. To learn more about wrongful death cases, visit my website.

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Arcata Wrongful Death Lawyer

I’m Ed Smith, an Arcata car accident lawyer. If you have been hurt or lost a loved one because of a drunk or negligent motorist, call me at (707) 564-1900 or (800) 404-5400 for compassionate, free, and friendly advice. I can also be reached online via AutoAccident.com.

Since 1982, residents of Arcata and nearby areas with wrongful death and personal injury cases have trusted my assistance in recovering the funds they are owed.

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I’m in the Million Dollar Advocates Forum, a group of trial lawyers in the U.S. who have obtained settlements or verdicts in excess of $1 million dollars.

Read our Past Settlements and Verdicts here.

DUI Murder Trial Delayed