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SUPERIOR COURT FOR THE DISTru~'r.()F,C~~IA

Criminal Division - - F~"y~ ~a_nth p 3: 01 ZUI h, ,I - Ll

UNITED STATES OF AMERICA

v.

Judge Jackson

CHAMICA ADAMS, Defendant.

Sentencing Date: May 13, 2011

GOVERNMENT'S MEMORANDUM IN AID OF SENTENCING

COMES NOW, the United States, by and through its attorney, the United States Attorney

for the District of Columbia, to submit the following information in aid of sentencing in the above

captioned case.

1. On Wednesday, September 8, 2010 at approximately 8:35 p.m., Charnica Adams was

operating a 2007 Dodge Caliber southbound on 18th Street, N.W. at the intersection with Florida

A venue. As she attempted to make a left hand tum at what appeared to be a high rate of speed, she

failed to negotiate the tum and mounted a traffic island (Photo 1 and 2). On that island, four

individuals, Julia Bachleitner, Melissa Basque, Moran Stem and Theodores Roux had paused to

await the walk signal. All four were foreign nationals who were students at Johns Hopkins School

for Advance International Studies. They were on their way to dinner after classes to celebrate their

return to school. The account given by Mr. Stem and Mr. Roux is chilling. As they waited for the

light, the white Dodge came into the left tum way too fast. The next thing they knew, the headlights

of the car were headed straight for them. Although it happened in an instant, it seemed to be in slow

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motion. Defendant's car plowed through the group striking Ms Bachleitner and Ms. Basque and sending them airborne. The defendant's car then continued over the island, through a tum lane, and crashed into an empty restaurant storefront. The defendant was taken from the car. She received no injuries. Subsequently, she was observed with a strong odor of alcoholic beverage on her breath and person. She was place under arrest and consented to to breath tests. The results of these tests were: .. 180 and .178. The test were administered at the Third District at 11 :00 p.m.. Defendant also indicated intoxication offield sobriety tests including the HGN.

Ms. Bachleitnerwas transported to Washington Hospital Center, Medstarin grave condition.

She was kept alive on life support for purposes of allowing her parents to arrive from Austria before a decision was made on wether or not to disconnect the life support. She died on September 14, 2010. She was 26 years old. Ms Basque was taken to George Washington University Hospital. She suffered facial fractures, loss of teeth, a compound leg fracture, and a concussion with bleeding on the brain. She was hospitalized for several days.

Investigation revealed that the defendant had been drinking at a club called the District at 2473 18th Street, N. W. The Government secured a security video from inside of the club that showed the defendant having several drinks and stumbling as she left the club alone moments before the crash. She left the club alone. Defendant was alone in the car at the time of the crash and the car is registered to the defendant's grandmother.

2. Although counsel claimed at the time of the plea of guilty in this case that the defendant had never been drunk before and that she passed out, that facts belie those assertions. First, the club called the District was famous for its one price only happy hour. That meant that for one entrance price you'd could drink as much as you wanted. This is exactly what the defendant did. It is hard

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to believe that the defendant came into the District to go to a place where you can drink as much as you want and believed that it was okay. Defendant knew that she had to drive back to Mitchelville, Maryland. When she left club, she was clearly intoxicated but she never appeared to be looking for anyone. It simple did not appear that her "designated driver" had abandoned her. Defendant had an active cell phone that was found on the floorboard of the vehicle after the crash. Even though there were ninety separate usages of the phone between 6:00 p.m. and 7:22 p.m., there were no calls for assistance in getting home to Mitchelville around the time that the defendant left the club. Second, a three-quarters empty 250 milliliter bottle of Grand Marnier was found in the glove box of the defendant's car after the crash. Certainly, the defendant was not a complete stranger to drinking and driving.

At the plea hearing, defendant's counsel stated that the defendant got into her car, started it up and passed out. This again is belied by the fact after the crash the defendant emerge from her car cursing and shouting in a belligerent manner. She obviously was not passed out but rather just a very drunk driver. Witnesses on the scene stated that before the defendant was in police custody, she was screaming and yelling. She said words to the effect: "What the fuck are you doing to me. I didn't do any thing. What happened to my car, etc." The Defendant was young but not so young that she was unaware of the risks that she was taking. Operating an automobile after drinking as heavily as the defendant had is like playing Russian Roulette but putting the gun to someone else's head. Certainly, the choice to driving was poor judgement as a result of the alcohol but that's not an excuse. The defendant put herself in the position of having impaired judgement and must be held accountable for her actions and the consequences thereof.

3. Ms. Bachleitner's family members are devastated. Her twin sister has become physically

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ill. They are heartbroken and look to the American Justice system for some small measure of

satisfaction. Ms. Basque has also suffered great physical and psychological pain. Mr. Stem and Mr.

Roux are also devastated. The defendant has truly caused aa monumental amount of harm. It is

impossible to paint her as a victim of circumstances. She is not a victim at all. She was careless and

thoughtless. She put her personal satisfaction above the safety of others and for that she must pay

the price. Defendant has a young child but she wasn't thinking about that child on the night she

killed Julia Bachleitner. The Court should not allow the defendant to now use the child a means to

prevent ajust sentence. The Government requests that the Court impose a sentence of imprisonment

in the upper range ofthe applicable sentencing guideline.

Respectfully submitted,

RONALD C. MACHEN JR. UNITED STAT S ATTORNEY

Assistant U.S. Attorney Judiciary Center Building 555 Fourth Street, N.W. Washington, D.C. 20530 (202) 305-0558

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing memorandum has been served by mail on counsel for defendant, James Rudasill, Esquire, 717 D Street, N.W., Suite 310, Washington, D.C. 20004 this 1 st day of April 2011.

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