Datestamp: 04/06/2012

Trial begins for driver in deadly crash

Sophia Downing accused of killing 2 teens, injuring another near Chemeketa

Deputy District Attorney Melissa Wakeman stood at the entrance of a packed Marion County courtroom in the back corner. "It was here," she said. Then she walked diagonally through the courtroom before stopping in front of Marion County Judge Dennis Graves. "To here," she said. "That was at least as far as Ms. Downing drug Brittney Green after plowing into her before she came to a rest." Thursday was the first day in the trial of Sophia Downing, 31, who is accused of killing two teenagers and severely injuring another in September 2010 when a sport utility vehicle struck them in a crosswalk. Her defense attorney did not dispute that she was at the wheel. Downing faces two counts of firstdegree manslaughter and one count each of seconddegree assault, driving under the influence of intoxicants and recklessly endangering another person. Wakeman told jurors in her opening statement that Downing was under the influence of three drugs, including a muscle relaxant and an insomnia medication at the time of the crash. Downing's words, according to Wakeman, as she stood over the unconscious 18yearold Brittney Green, were, "Can I leave now?" Wakeman continued as families of the victims wept and consoled one another. She argued that Downing had been seen driving recklessly earlier in the day before the crash and that the defendant had appeared to witnesses that she was "out of it" and nonchalant about the incident. Defense attorney Tom Sermak said the drugs found in Downing's system were prescribed to her and that they Trial begins for driver in deadly crash 1

did not contribute to the fatal crash. He also said that his client cooperated with the investigation and that she was shocked, not indifferent, at the tragic consequences. "There will be no question there was a terrible accident," Sermak said. "There will be no question that people have died because of Ms. Downing's actions." Downing stifled sobs throughout the proceedings. The fatal crash occurred about 2:30 p.m. Sept. 23, 2010, at Lancaster Drive and Winema Place NE. Three students of Winema High School at Chemeketa Community College were crossing Winema when they were struck by a 1994 Chevrolet Blazer. Brittney Green and Francisco Cervantes, 16, died. Jorge Echeverria, 18, suffered a torn aorta and testified that he was hospitalized for 21 days. Wakeman showed footage captured by a camera on a city bus that was nearby. She also played a recording of a 911 call from that day: a panicked woman is heard describing the victims' injuries and saying Green's head was "crushed." The prosecution's witnesses Thursday included Ralph Duncan, the bus driver who saw the incident, Francisco Cervantes, whose son of the same name died at the scene, Lois Green, Brittney Green's mother, and Echeverria. "I'm just glad we're finally at this point," Lois Green said outside the courtroom after the court had adjourned for the day. "It's been a long time coming." According to a probablecause statement, witnesses and evidence indicated that Downing drove onto the sidewalk and grass, then struck the three victims. After the crash, Downing told investigators that the teens had stepped into traffic in front of her. Downing failed sobriety and other impairment tests, according to the document. She told deputies that she had taken Ativan, a controlled substance often used to treat insomnia in patients with daytime anxiety. Firstdegree manslaughter and seconddegree assault are both Measure 11 crimes. Manslaughter carries a minimum prison sentence of 10 years and seconddegree assault five years and 10 months. Downing, as a 15yearold, was one of the first juveniles charged with a Measure 11 crime and prosecuted as an adult in Yamhill County when she was charged with attempted murder and assault in a random attack, according to Statesman Journal archives. Yamhill County District Attorney Brad Berry said that Downing attacked a young woman she didn't know in a park in Amity. The victim was severely injured and suffered broken bones, he said. In February 1997, she was convicted of firstdegree assault and sentenced to 10 years in prison. She was discharged from Coffee Creek Correctional Facility in April 2006 after serving the full sentence. syoo@StatesmanJournal.com, (503) 3996673 or follow at Twitter.com/syoo Trial begins for driver in deadly crash 2

At a glance The trial of Sophia Downing, 31, who is accused of killing two people and severely injuring another in a 2010 car crash, began Thursday. Proceedings are scheduled to resume Monday and are expected to last three to four weeks. She faces two counts of firstdegree manslaughter and one count each of seconddegree assault, driving under the influence of intoxicants and recklessly endangering another person.

Caption: Sophia Downing weeps while listening to testimony Thursday during the first day of her trial. TIMOTHY J. GONZALEZ / Statesman Journal Francisco Cervantes reacts as he is shown a photo of his son, Francisco Cervantes, 16, who was killed in 2010. A tear rolls down the cheek of Lois Green as she recounts how she heard that her daughter, Brittney Green, was killed. Section: Page one Page: 1A Byline: Saerom Yoo Source: Salem From: Yoo, Saerom

Trial begins for driver in deadly crash