An Arizona elementary school teacher is being charged with murder following a suspected DUI crash.
Erica Kristine Flynn was a third grade teacher at Frye Elementary School in Chandler, Arizona, reports Phoenix's KTVK-TV. But Flynn will reportedly not be returning to her job next semester after being arrested and charged with second-degree murder following a crash that a killed a woman December 27.
Why is Flynn being charged with murder in the crash?
2nd-Degree Murder Alleged
Under Arizona law, a second-degree murder occurs when a person intentionally kills another person, but without premeditation. This includes killings that may occur in the spur of the moment or for which prosecutors may not be able to prove that the person who committed the act had time to reflect on their actions prior to killing the victim.
Second-degree murder charges may also apply to instances in which a DUI accident causes the death of a person other than the driver. Murder is typically charged when a person's intoxicated driving is considered reckless or indifferent to human life. Under Arizona law, second-degree murder includes deaths caused when, "under circumstances manifesting extreme indifference to human life, the person recklessly engages in conduct that creates a grave risk of death."
BAC Allegedly Over 3 Times the Legal Limit
In Flynn's case, fire personnel reported smelling alcohol and possibly marijuana as they treated her for injuries after the crash. After having her blood drawn at the hospital, Flynn's blood alcohol concentration was reportedly 0.283 percent, well over three times the legal limit under Arizona's DUI law.
Police also say that Flynn ran a red light, causing the crash. Electronic data from Flynn's car reportedly showed she was traveling at more than 75 mph at the time of the accident and did not apply her brakes before hitting the car driven by 66-year-old Kathleen Searcy, who died at the scene.
- Arizona teacher arrested in deadly DUI wreck (The Associated Press)
- What Makes a DUI a Felony? (FindLaw's Blotter)
- DUI Murder Appeals: Too Drunk to Be 'Depraved' (FindLaw's Blotter)
- Dad Acquitted of Shooting Drunken Driver Who Killed His Sons (FindLaw's Blotter)