First Trial in `Maria`s Law` Case Ends with Not Guilty Verdict

Released on = February 27, 2007, 9:10 pm

Press Release Author = John Brangwin & Steve Woods

Industry = Law

Press Release Summary = Washington State's first jury trial for the crime of
"Failure to Secure a Load, First Degree" has resulted in an acquittal of the
Defendant. The case was tried in Douglas County District Court before six jurors,
who unanimously found the defendant not guilty.

On August 25, 2006, an Iowa man, Bruce A. Gearhart, 33, was killed on Highway 28
five miles east of East Wenatchee, when a metal strap winch crashed through his
windshield. Pasco truck driver Wilfredo "Jesse" DeJesus, 53, was charged with
Failure to Secure a Load First Degree, under the State's new "Maria's Law."

The law is named after Maria Federici, who was blinded and permanently disfigured
when a piece of particle board fell off a trailer and into her car. At that time
failing to secure a load was only an infraction punishable by a small fine. As a
result of her case, it became a gross misdemeanor punishable by up to a year in jail
and a $5,000 fine if the failure to secure a load results in substantial bodily
injury.

Press Release Body = February 27, 2007
EAST WENATCHEE, WA: Washington State's first jury trial for the crime of "Failure
to Secure a Load, First Degree" has resulted in an acquittal of the Defendant. The
case was tried in Douglas County District Court before six jurors, who unanimously
found the defendant not guilty. Judge Judith McCauley presided over the trial.

On August 25, 2006, an Iowa man, Bruce A. Gearhart, 33, was killed on Highway 28
five miles east of East Wenatchee, when a metal strap winch crashed through his
windshield. Pasco truck driver Wilfredo "Jesse" DeJesus, 53, was charged with
Failure to Secure a Load First Degree, under the State's new "Maria's Law."

The law is named after Maria Federici, who was blinded and permanently disfigured
when a piece of particle board fell off a trailer and into her car. At that time
failing to secure a load was only an infraction punishable by a small fine. As a
result of her case, it became a gross misdemeanor punishable by up to a year in jail
and a $5,000 fine if the failure to secure a load results in substantial bodily
injury. According to a Seattle Times article charges have been brought under
Maria's Law on only one other occasion. In that case in Redmond, two men pleaded
guilty to the charge in January and were sentenced to perform 200 hours of community
service.

DeJesus was driving a semi tractor trailer rig Eastbound on the highway, hauling an
oversized load consisting of two potato hoppers. These hoppers were held in place
with 6 heavy nylon straps attached to the flatbed trailer using detachable strap
winches. All 6 winches and straps were still in place after the accident, and 3
unused winches were found in the truck's tool box. DeJesus has steadfastly
maintained since the moment of the accident that his truck was only equipped with 9
winches, which is the number found by the State Patrol after the accident, so the
winch which killed Mr. Gearhart could not have come from his truck.

The State's case against Mr. DeJesus was based on a theory that an extra, unused
strap winch fell off the trailer of his oversized load. WSP Commercial Vehicle
Inspectors thoroughly examined Mr. DeJesus' commercial vehicle immediately after the
accident and found it to be in perfect condition. All of the strap winches used by
Mr. DeJesus were accounted for, leaving mere speculation as to where the winch that
killed Mr. Gearhart came from.

Mr. DeJesus was represented by the Wenatchee law firm of Woods & Brangwin, PLLC and
its' managing partner Steven Woods. The Douglas County case number is C 515452.

Mr. Woods was obviously pleased with the verdict. "While it is a tragedy that Mr.
Gearhart died, we have always believed his death was not Mr. DeJesus' fault. It
would have only compounded the tragedy if Jesse had been convicted."

Steven Woods is a well respected criminal defense lawyer in North Central
Washington. He has practiced law in Wenatchee since 1985. He is the immediate past
President of the Chelan-Douglas County Bar Association. Woods & Brangwin, PLLC, is
a four lawyer firm handling criminal defense and injury cases in Chelan, Douglas,
Grant and Okanogan counties.

The State of Washington was represented by Gordon Edgar, Deputy Douglas County
Prosecuting Attorney. He can be reached at 509-745-8535.

The lead officer on the case was Detective (now Sergeant) Ron Huxtable of the
Washington State Patrol. The WSP case number for the investigation is 06-009170.
District Six of the State Patrol can be contacted via Public Information Officer
Rich Magnussen at 509-665-4017.


# # #


Web Site = http://www.wblawfirm.com

Contact Details = Woods & Brangwin, PLLC
Steven W. Woods, Attorney at Law
Office phone: 509-663-3915
517 N. Mission, Suite 2A
Wenatchee, WA 98807-4378

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