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November 6, 2009

Convicted killer wants new trial

By BOB GIBBINS

A Sallisaw man convicted earlier this year of first-degree manslaughter wants a new trial.

District Judge Mike Norman set Jacob Wayne Goodwin’s request for new trial hearing for Nov. 25 at 11 a.m. An appeal of the conviction has also been filed.

Goodwin is blamed for the February 2007 crash that killed Jorge Espinoza Ayala. Norman followed a jury recommendation in September and sentenced Goodwin, now 23, to 20 years in prison.

Goodwin was driving a truck stolen from Tahlequah Police Officer David Craig when he crashed head-on into Ayala’s vehicle on South Muskogee Avenue. Goodwin was also convicted of possession of a stolen vehicle.

Defense attorney Steve Fabian claims Norman erred by not instructing jurors that Goodwin, if convicted, would have to serve 85 percent of his manslaughter sentence before he would be eligible for parole.

Fabian alleges the judge should have barred testimony about Goodwin’s intoxication by people who were not legally qualified to give that opinion. Fabian also argues other points in his motion for a new trial.

Assistant District Attorney Josh King prosecuted the case.

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