PORT ANGELES — Jury selection begins today in the first-degree murder and vehicular homicide trial of Engre Louise Brown, 28, of Sequim.
The trial is expected to last two weeks.
Pretrial motions argued Monday before Clallam County Superior Court Judge Ken Williams gave a glimpse of how both sides might argue the case.
Brown’s blood-alcohol content was 0.18 percent – more than twice the legal limit of 0.08 percent — when she plowed head-on into Benjamin Michael Merscher, 25, also of Sequim, at “at least” 85 mph, Clallam County Prosecuting Attorney Deb Kelly said.
Merscher died, and Brown was seriously injured in the crash at about 1:30 a.m. Oct. 7 on U.S. Highway 101 west of Kitchen-Dick Road between Port Angeles and Sequim.
Brown was driving westbound and Merscher eastbound.
Containers alleged
Brown’s lawyer, Thomas Weaver of Bremerton, argued that Merscher also was drinking before his death and that open containers were found in his 1998 Honda Civic.
Weaver said Merscher’s blood-alcohol content was 0.05 percent, below the legal limit of 0.08 percent.
But 0.05 percent is still enough to impair Merscher’s reaction time, the defense lawyer said.
“He was out at 1:30 in the morning, and there was alcohol in his system,” said Weaver.
Kelly countered that Merscher’s percentage of blood-alcohol content was irrelevant, arguing that Merscher was driving legally, and that a witness said Brown, driving a 2001 Volkswagen Golf, swerved over the center-line rumble strip too quickly for Merscher to react — even if he hadn’t been drinking.
Who’s on trial?
“She is the one on trial here, not the victim,” Kelly said. “His actions were not illegal.”
Kelly will ask the jury to convict Brown of first-degree murder or vehicular homicide, each of which carries a maximum term of life in prison and a maximum $50,000 fine, though the standard sentence range is different for each crime.
Both are Class-A felonies.
In a series of pretrial rulings Monday, Williams said he would not admit Merscher’s blood-alcohol percentage as evidence for the time being.
Williams said if Weaver intends to argue during trial that it should be admitted, that exchange will occur outside the jury’s presence, Williams said.
Weaver said in a later interview that he intends to bring up the issue during the estimated two-week trial.
No ‘Ben’ buttons
Williams also ruled that no spectators would be allowed to wear “Friend of Ben” buttons, worn by several family members and friends at Monday’s hearing, in the courtroom.
They are stamped with Merscher’s graduation photo.
Nothing will be allowed in the courtroom that would indicate a spectator’s feelings about the defendant or victim, to avoid prejudicing the jury, Williams said.
But several among the two dozen spectators were upset that Weaver suggested that Merscher was at fault for drinking the night of his death.
“It did not have anything to do with what happened,” said Don Petersen of Sequim, a family friend who had discussed job possibilities with Merscher in sales and marketing.
Merscher graduated with a University of Oregon business degree in 2007 and worked at the Sequim Costco Wholesale warehouse store.
More than 400 mourners attended Merscher’s memorial service.
Brown, who broke her femur in the crash, remains in Clallam County jail on $355,000 bail.
She is also charged with driving with a revoked license and two counts of criminal contempt for failing to appear for a hearing on charges of driving under the influence of a controlled substance and driving with a suspended license on June 12, 2006.
She will be tried on those charges at a later date.
At the time of the crash, her license had been revoked and a warrant was out for her arrest.
Court records show she had also been found guilty of reckless driving without insurance in 2005 and first-degree negligent driving in 2000.
She is barred from ever obtaining a driver’s license.
________
Staff writer Paul Gottlieb can be reached at 360-417-3536 or at paul.gottlieb@peninsuladailynews.com.
