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Cedar Rapids, Iowa 52401
Iowa appeals court upholds Schaul’s conviction in fatal 2013 crash near Central City

May. 11, 2016 1:55 pm
The Iowa Court of Appeals on Wednesday upheld the 2015 conviction of Brandon Schaul for vehicular homicide in the 2013 death of a 27-year-old Coggon mother and the serious injury of her 21-month-old daughter.
Schaul, 28, convicted by a Linn County jury of homicide by vehicle and serious injury by vehicle in January 2015, is serving a 30-year prison sentence. He appealed his convictions, claiming there was insufficient evidence to support he was under the influence of alcohol and/or drugs, or that his intoxication caused the crash.
According to testimony, Schaul was driving a pickup shortly before 1 a.m. on May 18, 2013 when he crossed the centerline and hit a van driven by Rachel Denny near the intersection of Highway 13 and Valley Farm Road near Central City. Denny died at the scene, and her passenger, Izabella, now 4 years old, remains paralyzed and can only breathe with a ventilator.
The appeals court ruled there was substantial evidence to support Schaul was under the influence of alcohol and/or drugs that night. Schaul admitted to police he had consumed eight to 10 beers the night of the crash, and an officer testified Schaul smelled like alcohol. Schaul also admitted to smoking marijuana the afternoon before the collision.
An expert for the defense testified Schaul's blood alcohol content at the time of the crash was .072, lower than Iowa's legal limit of .08, according to the ruling. But the prosecution's expert said impairment occurs with a blood alcohol content as low as .05, and a person with .07 is 2.1 times more likely to be in an accident as a sober driver.
During Schaul's trial, witnesses testified he was disoriented, dazed, in shock, upset and agitated, according to the ruling. These descriptions — and Schaul's 'erratic' behavior after the accident of him repeatedly crawling in and out a broken window of his vehicle, searching for something — 'support a conclusion he was visibly excited and his reason and mental ability were affected.'
The court added that the jury was free to disregard the defense expert who concluded he wasn't impaired by drugs or alcohol.
Schaul also claimed that the state failed to prove his intoxication caused the crash, pointing out the collision happened at night on a dark highway, and near a slight curve in the road.
An accident reconstructionist testifying for the state said no weather or road conditions impacted the crash, according to the ruling. While Schaul claims the road curved just before the collision area, the reconstructionist testified the road was straight. He said Schaul crossed into the oncoming lane, driving 55 mph, and struck Denny's van head-on without applying his brakes.
Brandon Schaul