After a York County jury was unable to deliver unanimous verdicts on the most serious charges facing two men accused of causing a 2011 crash that left a woman with life-altering injuries, the district attorney's office will retry both men, a prosecutor said Wednesday.
Senior deputy prosecutor Jared Mellott said Julio Cesar Martinez-Ocasio, 39, of York City will be retried on an aggravated assault charge, and Anthony D. Miller, 51, of Springettsbury Township will be retried on aggravated assault and aggravated assault while DUI charges.
During a January trial, a jury was hung on those charges after deliberating for nearly a day.
However, Miller and Martinez-Ocasio were each found guilty of aggravated assault by vehicle and reckless endangerment.
Miller and Martinez-Ocasio were to be sentenced for those convictions Wednesday, but instead Mellott sought to retry the men on the other charges.
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.
Eager: Miller's attorney, Seamus Dubbs, confirmed his client will be retried but declined further comment. An attorney who represented Martinez-Ocasio during his January trial could not be reached for comment Wednesday.
Mellott said he consulted victim Dana M. Briggs, who was a nurse until the injuries she suffered in the crash rendered her unable to return to work, and crash witnesses before deciding to retry the case.
"I made that decision after talking with the victim and witnesses also," he said, adding all indicated they are eager to testify in a new trial.
During the January trial, Briggs, 54 at the time of the crash, testified she was left in a coma for several weeks and suffered physical injuries and brain trauma in the crash. She said she spent two months in the hospital, followed by a month in a 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.
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.
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 and go over the concrete median, where it struck the eastbound Chevrolet Cavalier driven by Briggs. Her car was then struck by a Ford Explorer that was behind her.
Court documents allege Miller's blood-alcohol level shortly after the crash was 0.115 percent, above the legal limit of 0.08 percent.
A date for the new trial has not yet been set but Mellott said he will push for state prison time for Miller and Martinez-Ocasio if they are convicted.
Under sentencing guidelines, both Miller and Martinez-Ocasio face up to six years in state prison if convicted of aggravated assault, Mellott said, adding Miller faces an additional 14 months in prison if convicted of aggravated assault while DUI.
"I'm fairly confident (the jury will) render a more conclusive outcome," he said.
- Reach Greg Gross at firstname.lastname@example.org.