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June 9, 2009

Testimony continues in manslaughter case

By BOB GIBBINS

Testimony will resume at 9 a.m., today, in the first-degree manslaughter trial of a Sallisaw man charged after a fatality car crash in Tahlequah.

Jacob Wayne Goodwin, 22, is being tried in connection with a Feb. 23, 2007, crash that killed Jorge Espinoza Ayala. Prosecutors also have Goodwin charged with possession of a stolen vehicle. He was driving a pickup truck owned by Tahlequah Police Officer David Craig at the time of the crash.

Assistant District Attorney Josh King started calling witnesses Monday afternoon following jury selection.

James Hopper, a witness to the crash, testified briefly Monday after a jury was seated to hear the case. Hopper was driving behind Goodwin at the time of the incident, and testified to his erratic driving before the crash.

Tahlequah Fire Department Capt. Ted Kupsick was on duty at the fire department at the time of the crash and responded. He testified about seeing beer cans in the vehicle Goodwin was driving.

The last witness for the day was Kyle Murphy, of Cherokee Nation EMS. Murphy, a paramedic, smelled alcohol on Goodwin at the scene .and saw liquid on his clothes that smelled like alcohol. He said a man’s level of intoxication couldn’t be measured by the odor of alcohol.

Murphy was with Goodwin for several minutes at the scene and while he was being transported to Cherokee Nation EMS headquarters.

An air ambulance flew Goodwin to Tulsa for treatment of his injuries.

Goodwin is represented by Stephen Fabian. District Judge Mike Norman is presiding.

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The use of cell phones while driving is increasingly becoming an issue. What do you think about cell phone use by emergency personnel, like law enforcement officers, EMTs, firemen, etc.?

• If the law allows the common citizen to use cell phones while driving, emergency personnel should be able to also.
• Emergency personnel should be held to a higher standard. Since they are often driving faster than normal, they should not be allowed to use cell phones while driving, even if other citizens can.
• They should be allowed to use them like anyone else, but their host entities (hospitals, fire departments, cities, etc.) should carry extra insurance for this reason.
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