Friday, Dec. 23, 2011

Hearing delayed to let Chick defense do own blood testing in fatal DUI

The defense wants to conduct its own testing on blood samples taken from a Santa Nella woman accused of manslaughter and DUI in an incident involving the death of a firefighter.

Amie Chick's pre-preliminary hearing was postponed Dec. 16 at the Robert M. Falasco Justice Center. She's scheduled to be back in court Feb. 3.

Chick, 24, faces one count of gross vehicular manslaughter while intoxicated and one count of felony DUI causing great bodily injury in connection with a June 9 accident that killed Cal Fire firefighter Andrew Maloney. If convicted, Chick faces a maximum of 10 years in prison.

Donald Bartell, Chick's lawyer, told Commissioner Harry Jacobs the exchange of discovery items with the prosecution is going well, but he wants to do more before the hearing proceeds.

According to Assistant District Attorney Travis Colby, Bartell plans to test the blood samples taken from his client the night of the accident to see if the results match the prosecution's records.

Colby said the defense wanting to conduct its own testing is not uncommon.

"If I was in his position I would do it too," Colby said.

Court documents allege Chick had alcohol and marijuana in her system the night of the accident. Her blood alcohol content was 0.07 an hour after the crash. The legal limit is 0.08. Toxicology results on marijuana intoxication have yet to be released.

Court records indicate Chick may have also been on a cell phone at or near the time of the crash.

The California Highway Patrol obtained cell phone records showing Chick made a one-second call at 9:12 p.m., received another at 9:13 p.m. that lasted 28 seconds and made a call at 9:16 p.m. that went on for 33 seconds. The crash reportedly occurred at 9:15 p.m.

Colby said Chick likely will not receive the maximum sentence if she's convicted.

"That is the kind of sentence someone with a prior record of DUI would get, she doesn't have any of that," Colby said. "The lowest she could get (with a plea bargain) is some type of probation with a jail sentence attached to that. If she got probation, she would do between a nine- and 12-month jail sentence along with that."

Enterprise reporter Corey Pride can be reached by phone at (209) 388-6563 or by email at cpride@

losbanosenterprise.com.