Widow takes stand against woman accused of killing bicyclist in 2010
Posted at: 10/02/2012 12:30 PM
| Updated at: 10/02/2012 8:22 PM
By: KOB.com Staff
The second trial began Tuesday for the woman accused of driving erratically on Paseo del Norte, slamming into a bicyclist and killing him.
Prosecutors said Miranda Pacheco was speeding and lost control when she crashed into bicyclist David Anderson in 2010.
Pacheco sat in the courtroom Tuesday, and at times, getting emotional as she heard the testimony against her.
The prosecution was not able to persuade the jury the first time around. On Tuesday, they presented over half a dozen witnesses to convince the jury beyond reasonable doubt that Pacheco is guilty.
"The defendant Miss Pacheco was driving recklessly, erratically, and cutting in and out of afternoon traffic when she cut in front of someone and lost control of her car," stated the prosecution.
Pacheco's defense argued that the whole incident was an unfortunate accident.
"Just because it's hard and just because it's sad doesn't mean that Miranda is guilty," said Pacheco's defense. "It does not mean Miranda was driving with willful disregard. The evidence will show this could happen to anybody."
One of the more emotional witnesses called up was Anderson's wife, Sherry. She told jurors the horror she went through the day her husband was killed.
"I knew when Dave didn't come out of it, something was absolutely wrong," Sherry said through tears. "I could just feel it in my heart. I just said, 'Oh God oh God, please.'"
Away from the jury box, lawyers argued whether graphic photos of Anderson's body should be shown. Judge Denise Barela Shepherd said she would allow them in court.
According to online court records, Pacheco is also facing other legal troubles, including burglary and larceny charges from 2009.