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Cedar Rapids, Iowa 52401
Brandon Schaul told deputies he was intoxicated in 2013 crash
Trish Mehaffey Jan. 20, 2015 11:38 am, Updated: Jan. 20, 2015 6:18 pm
CEDAR RAPIDS — The last thing Rachel Denny, 26, of Coggon, saw before she died was likely the glare of headlights coming at her van in the early morning hours of May 18, 2013, Linn County Attorney Jerry Vander Sanden said in his opening Tuesday.
Brandon Schaul, 27, then 25, was headed northbound on Highway 13 as he crossed the centerline and hit Denny's van that was headed southbound, near Central City, Vander Sanden said. Denny was driving her 21-month-old daughter Izabella home after an emergency visit to the hospital. The toddler was seriously injured and remains paralyzed from the waist down.
Co-workers and friends had fundraising events after the crash to help pay for Izabella's medical treatment, which left her paralyzed after the crash.
Witnesses also will testify to seeing several beer cans in Schaul's truck and seeing him getting in and out of the truck to look for something, Vander Sanden said. Deputies will testify more about the crash and more about the fact that Schaul wouldn't take a blood or breathe test, but told them he drank eight to 10 beers that night. Lab results also will show marijuana in Schaul's system, according to the prosecution.
Schaul is on trial this week in Linn County District Court for homicide by vehicle, serious injury by vehicle, and driving while barred. He is accused of unintentionally causing the death of Rachel Denny and causing serious injury to Izabella by driving a vehicle while under the influence of a combination of alcohol and drugs or while under of the influence of any amount of a controlled substance that was present in Schaul that day.
Al Willett, Schaul's attorney, said in his opening that there is no allegation that alcohol and drugs caused the accident. Schaul wasn't intoxicated or impaired at the time of the accident.
Willett said an expert will testify there is no evidence that Schaul was intoxicated. There will be other factors, like where the child's car seat ended up that night, to determine what happened that night. The child's safety seat was found wedged up by the steering column and front windshield.
Willett said cans of beers in the truck or a controlled substance doesn't mean Schaul is guilty of the charges. Witnesses saying they smelled something or saw something doesn't mean that's what happened that night.
Darin Yauslin, 47, Marion, testified he and his daughter came upon the crash that night and he saw the woman slumped over and didn't see the child at first because it was so dark. He finally saw hair and then saw her safety seat turned upside down and wedged up by the steering column at the front windshield.
Yauslin said Schaul sitting in his truck when they first stopped. He seemed dazed but kept wanting to get back in his truck to look for something.
Yauslin tried to get him away from the truck but he asked for a light and started 'rifling' though the 15-18 beer cans on the truck floorboard.
Yauslin on cross examination said he didn't smell alcohol on Schaul.
Reporter Trish Mehaffey will offer live updates from the Brandon Schaul trial via Twitter (@tmehaffey) or via the hashtag #schaultrial.
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