Published: Wednesday, September 8, 2010
Trial begins in fatal crash
EVERETT -- Benjamin Morgan didn't know that he hit a man as he sped down State Avenue in December, a prosecutor told jurors Tuesday.
"What the (expletive) did I hit?" Morgan asked the Washington State Patrol trooper as he stepped out of his Dodge Avenger.
Prosecutors allege that Morgan, 35, was drunk when he hit Joshua Haggerton.
Morgan's blood-alcohol level was .20 -- more than twice the legal limit. He is charged with vehicular homicide and fatality hit-and-run. His trial began Tuesday in Snohomish County Superior Court.
Haggerton, 26, suffered severe head injuries and died at the scene of the crash.
Morgan's attorney told jurors that Haggerton is primarily responsible for his own death, not Morgan.
Haggerton was in the middle of the road on a dark, rainy night. He, too, had alcohol in his system, along with Xanax, an anti-anxiety medicine, said Paul Thompson, an attorney with the Snohomish County Public Defender's Association.
He was likely in the middle of the road because he'd just stolen some property from a house where he was staying, not far from the crash site, Thompson said. The stolen property included beer and DVDs.
Thompson told jurors the big question isn't whether his client was intoxicated. Morgan is expected to tell jurors that he'd been drinking, Thompson said. Even if he'd been sober, Morgan wouldn't have been able to stop from hitting Haggerton, who stepped in front of his car, Thompson said.
Jurors must decided if Morgan's actions caused the crash or whether Haggerton was responsible, Thompson said.
"Mr. Haggerton played a huge role in his own death," he said.
Morgan told the trooper he had four beers and two shots of vodka at a comedy club in Everett before driving to Danny's Midway Pub and Grill in Marysville. He said he had one beer there.
Bar receipts show that Morgan ordered 23 alcoholic drinks between 11:17 p.m. and 1:39 a.m. It is unclear if Morgan consumed the nearly two dozen drinks or if he was buying beverages for other patrons. About an hour after Morgan arrived at the pub, a bartender refused to serve him any more. He was later allowed to order more alcohol that Morgan said was for other customers, Snohomish County deputy prosecutor Tobin Darrow wrote in court papers.
The state Liquor Control Board issued the bar a ticket for the Dec. 19 incident. The board found that the bar violated the law by serving alcohol to a person who appeared drunk.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
"What the (expletive) did I hit?" Morgan asked the Washington State Patrol trooper as he stepped out of his Dodge Avenger.
Prosecutors allege that Morgan, 35, was drunk when he hit Joshua Haggerton.
Morgan's blood-alcohol level was .20 -- more than twice the legal limit. He is charged with vehicular homicide and fatality hit-and-run. His trial began Tuesday in Snohomish County Superior Court.
Haggerton, 26, suffered severe head injuries and died at the scene of the crash.
Morgan's attorney told jurors that Haggerton is primarily responsible for his own death, not Morgan.
Haggerton was in the middle of the road on a dark, rainy night. He, too, had alcohol in his system, along with Xanax, an anti-anxiety medicine, said Paul Thompson, an attorney with the Snohomish County Public Defender's Association.
He was likely in the middle of the road because he'd just stolen some property from a house where he was staying, not far from the crash site, Thompson said. The stolen property included beer and DVDs.
Thompson told jurors the big question isn't whether his client was intoxicated. Morgan is expected to tell jurors that he'd been drinking, Thompson said. Even if he'd been sober, Morgan wouldn't have been able to stop from hitting Haggerton, who stepped in front of his car, Thompson said.
Jurors must decided if Morgan's actions caused the crash or whether Haggerton was responsible, Thompson said.
"Mr. Haggerton played a huge role in his own death," he said.
Morgan told the trooper he had four beers and two shots of vodka at a comedy club in Everett before driving to Danny's Midway Pub and Grill in Marysville. He said he had one beer there.
Bar receipts show that Morgan ordered 23 alcoholic drinks between 11:17 p.m. and 1:39 a.m. It is unclear if Morgan consumed the nearly two dozen drinks or if he was buying beverages for other patrons. About an hour after Morgan arrived at the pub, a bartender refused to serve him any more. He was later allowed to order more alcohol that Morgan said was for other customers, Snohomish County deputy prosecutor Tobin Darrow wrote in court papers.
The state Liquor Control Board issued the bar a ticket for the Dec. 19 incident. The board found that the bar violated the law by serving alcohol to a person who appeared drunk.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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