Linn County jury finds Schaul guilty of vehicular homicide

CEDAR RAPIDS — A Linn County jury Monday found Brandon Schaul guilty of vehicular homicide in the death of Rachel Denny and the serious injury of her 21-month-old daughter Izabella in 2013.

The jury started deliberations Friday following a four-day trial and came back with a verdict just before 9 a.m. Monday. They found Schaul guilty of homicide by vehicle and serious injury by vehicle.

Schaul, 27, of Cedar Rapids, faces up to 30 years in prison. He was taken into custody following the verdict. He had been free on bond pending the trial, but homicide by vehicle is a non-bail offense. His sentencing is set for March 6 in Linn County District Court.

Christopher Denny of Coggon, Rachel's husband, told The Gazette after the verdict that his family is grateful to the jury and thanked them for 'seeing the truth.' He said he wasn't surprised by the guilty verdicts. He thought the jury probably considered Schaul's refusal to take a breath and blood test, and his lack of emotion displayed during the trial.

'The night of May 18 will forever be in our minds,' Denny said. 'We lost a wife, daughter, aunt, sister, friend and an amazing woman. My beautiful daughter lost her ability to move from the neck down. Remember Rachel and hope for Bella.'

Linn County Attorney Jerry Vander Sanden said 'justice was done by the jury.' He said he wanted to thank the Linn County Sheriff's Office for its hard work and investigation in this difficult case. Vander Sanden said he will ask for consecutive sentences on the two charges because these are two separate crimes with two separate victims.

According to testimony, Schaul was driving a pickup shortly before 1 a.m. May 18, 2013 when he hit a van driven by Rachel Denny, 27, near the intersection of Highway 13 and Valley Farm Road near Central City. Denny died at the scene and Izabella, now 3 years old, remains paralyzed and can only breathe with a ventilator as a result of the crash.

Rachel and Izabella Denny were on their way home after Izabella had been taken to the emergency room that night for an ear infection and fever, according to testimony. Christopher Denny testified last week about the night and told the jurors that his daughter had permanent spinal cord damage from the crash. Izabella has little mobility and cannot breathe on her own.

Vander Sanden said in his closing that it comes down to one issue for the jurors to decide — was Brandon Schaul under the influence or impaired by alcohol or drugs or a combination of both when he crossed the centerline and crashed into Denny's van. Vander Sanden asked the jurors to consider how Schaul drove that night, losing control of his truck that night and his refusal to take a breathe and blood test.

Schaul didn't testify at trial, but he told deputies he drank eight to 10 beers that night. Deputies found nine empty beer cans in his truck. Linn County deputies obtained a warrant and Schaul's blood alcohol content level was .072, based on calculations extrapolated back to the time of the crash. The legal limit to operate a motor vehicle in Iowa is .08 BAC.

According to testimony, Schaul also tested positive for marijuana. Schaul tested, several hours after the crash, for carboxy THC, which is an inactive metabolite of marijuana. The defense argued it was a small amount and the inactive metabolite didn't affect impairment. They also argued Schaul was under the legal limit and wasn't intoxicated the night of the crash.