After nearly a day of deliberating, a York County jury was unable to deliver unanimous verdicts on the most serious charges facing two men accused of causing a crash that left a woman severely injured.
Jurors returned Thursday with split verdicts for Anthony D. Miller, 51, of Springettsbury Township and co-defendant Julio Cesar Martinez-Ocasio, 39, of York City.
Police said the two were racing their cars on Route 30 in Springettsbury Township on the evening of Aug. 10, 2011, when Miller's out-of-control Mercedes crashed into a nurse who was on her way home from work.
The jury found Miller guilty on one charge each of aggravated assault by vehicle and recklessly endangering another person, but was hung on charges of aggravated assault and aggravated assault while DUI. Court documents allege his blood-alcohol level shortly after the crash was 0.115 percent, above the legal limit of 0.08 percent.
Martinez-Ocasio was also found guilty on one charge each of aggravated assault by vehicle and recklessly endangering another person, but the jury was hung on his third and final charge, aggravated assault.
Complicated: The jury asked at least three questions after deliberations started Wednesday afternoon. Attorney Kevin Hoffman, representing Martinez-Ocasio, said it was a complicated case and he wasn't surprised to see a split jury.
Both defendants are facing less potential jail time because of the lack of a verdict on the aggravated assault charge.
A first-degree felony, aggravated assault comes with a potential state prison sentence of more than one year, while aggravated assault by vehicle is a third-degree felony with a sentence of less than a year in county jail, Hoffman said.
Sentencing has been scheduled for March 20, pending senior deputy prosecutor Jared Mellott's decision to refile the charges for which the jury could not deliver a unanimous verdict. He said after the verdict was read Thursday afternoon that he's still considering that option.
Judge John S. Kennedy is also expected to sentence the men on several summary offenses, including racing on highways and driving at an unsafe speed, at the time of sentencing.
The crash: Miller was driving a 2009 Mercedes-Benz convertible, and Julio Cesar Martinez-Ocasio was driving a 2001 BMW sedan at the time of the crash.
Nurse Dana M. Briggs, then 54 years old, was driving a 2003 Chevrolet Cavalier.
Springettsbury Township Police alleged the two men were racing westbound on Route 30, just east of the North Hills Road intersection when Martinez-Ocasio moved from the right lane to the left, causing the left rear of his BMW to hit the right front of the Mercedes.
That caused the Mercedes to spin around and go over the concrete median, where it struck the Cavalier driven by Briggs. Her car then struck a Ford Explorer behind her.
Briggs testified she was left in a coma for several weeks and suffered physical injuries and brain trauma that ended her career as a registered nurse.
She said she spent two months in the hospital, followed by a month in physical rehabilitation facility. She suffers short-and long-term memory loss, can't drive, has chronic problems with her left arm and leg and was forced to move to Missouri, where her only child lives, she testified.
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