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Jury Deadlocks in Death of 12-Year-Old Bicyclist |
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By Tom Schultz
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Wednesday, May 02 2007 |
A Santa Barbara jury deadlocked Tuesday, leading a judge to declare a mistrial in a case against a motorist accused of striking and killing a 12-year-old boy as he bicycled to school last September.
Ernest Botello, 24, was charged with misdemeanor vehicular manslaughter in the death of young Jake Boysel. If convicted, he faced up to one year in County Jail.
 Jim and Karen Boysel said they were disappointed a jury deadlocked in the death of their son, Jake. Photo by Tom Schultz / SBN
Outside the courtroom, members of the jury said the panel of seven women and five men split down the middle during the deliberations that began April 25, and never got close to a verdict — a dynamic that could influence whether prosecutors seek a retrial.
"It's sort of like reading the Bible," juror Gale Howell said of the evidence. "You can interpret it any way you want. We considered everything."
"It was very tense," said Elie Rodigue, another juror.
Jake's parents, Jim and Karen Boysel, said they were disappointed.
"You can't drive down the road not paying attention and go across a bike lane hoping nobody is there," Jim Boysel said. "We've got to spend the rest of our lives wishing we had our son. He brought a lot to a lot of people."
Botello, an administrative specialist with the city's planning and zoning divisions, left the courthouse with his family without speaking to reporters. His attorney, Neil Levinson, expressed a measure of disappointment, reiterating his client was not guilty.
"He wanted some resolution," Levinson said, describing the outcome as a temporary but not complete relief.
In addition, Levinson said, "He feels as bad as anyone. As far as he is concerned, this is the worst thing that has happened in his life."
 Ernesto Botello during jury selection. Photo by Barney McManigal / SBN
"This type of case poses a lot of difficult questions," she said, adding her goal was to give jurors the facts. "This was the community's decision."
No decision on a retrial had been made, Neuffer said.
Neuffer called eyewitnesses to the collision and police investigators who arrived in its aftermath in an attempt to show Botello should have seen the boy, slowed down and avoided hitting him from behind. She noted the defendant drove with a cracked windshield, which she described as dirty.
Levinson attempted to poke holes in the case, questioning police methods and asking why officials failed to follow up with one man in particular who witnessed the fatal strike. He questioned why authorities never reconstructed the collision in sunlight.
The impact of Botello's Ford SUV knocked the boy out of his helmet and threw him head-first onto the pavement, according to investigators. Botello attempted to call 911 eight times but couldn't get through due to poor cell phone reception in the area, according to Levinson.
Jake, who was in his first week of seventh grade at La Colina Junior High, never regained consciousness and was later pronounced dead at Cottage Hospital.
The case captured the interest of not only bicyclists and parents of children who pedal to school, but also of motorists who frequently find themselves peering into bright sunlight during early morning and late afternoon east- and west-bound commutes.
In addition to several public memorials, the death of Jake touched off debates on traffic safety, bicycling and even the renewal of Measure D, the sales tax for transportation projects. |
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