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Friday, February 28, 2003

Attorneys argue over seat-switch plausibility


Jurors look over car that ran into crowd

By Sharon Turco
The Cincinnati Enquirer

A Hamilton County jury got a close look Thursday at the crumpled Kia Sportage - shattered windshield glass still littering the steering wheel - that killed a teenager and injured several others as it plowed through a crowd headed to a Bengals game in 2001.

A bailiff guided jurors past the SUV outside the Hamilton County Courthouse, allowing them to peer inside.

Jurors must decide whether two men could quickly switch seats in the car.

Darrin Stafford, 31, of Evansville, is charged with aggravated vehicular homicide and three counts of vehicular assault, accused of driving the car when it veered out of control, killing 15-year-old Scott Asbrock.

Stafford's attorney, Bryan Perkins, contends Stafford, a paraplegic, can't drive a vehicle not specially adapted for his handicap and has been lying to protect a friend since the Nov. 18, 2001, accident on Second Street.

Earlier this week, Stafford testified that he was in the passenger seat, but switched seats with Frederick Shipman because Shipman had been drinking. Shipman, 44, faces the same charges, plus reckless homicide and vandalism. He should not have let Stafford drive, the charges allege.

"The design of the car is tremendously important," said Assistant Prosecutor Gerald Krumpelbeck. "The move the defendant said he made is absolutely impossible."

In closing remarks, co-assistant prosecutor Patrick Dressing said the car is too small to make such a switch, especially in the few seconds it took for officers to catch up to the car.

Perkins argued that Stafford cannot drive a car not adapted to his handicap, and accused police officers who testified Tuesday of fudging the truth about the crash scene.

Jurors deliberated Thursday afternoon and are scheduled to continue today.

Shipman's trial is to begin Monday.

E-mail sturco@enquirer.com




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