A Burlington man has been indicted by a Middlesex County Grand Jury on Massachusetts Drunk Driving Charges for allegedly striking and killing a 51 year old man, also of Burlington.
Anthony Manfredi was indicted on charges of Motor Vehicle Homicide by DUI / OUI and Operating Under the Influence of Alcohol, 2nd Subsequent Offense.
According to the Middlesex County District Attorney's Office, Burlington Police Officer's responded to Cambridge Street in the evening of August 14, 2011 for reports that a car had struck a pedestrian. Upon their arrival, they reportedly observed Daniel Jalbert lying on the pavement near the Manfredi's truck.
Jalbert was transported to the Lahey Clinic where he was pronounced.
Burlington Police Officers allege Anthony Manfredi was allegedly unsteady on his feet; had slurred speech and alcohol on his breath. He also allegedly submitted and failed Field Sobriety Tests.
Motor Vehicle Homicide by OUI / DUI criminalizes the negligent and reckless operation as a result of intoxication and which results in the death of another person. Vehicular Homicide by DUI / OUI is punishable by imprisonment in the House of Corrections for not less than 1 year and up to 2.5 years; or to state prison for not less than 2.5 and up to 15 years.
In this particular case, the defense will have to raise any and all circumstances that would demonstrate that Manfredi was not so impaired due to allegedly having ingested alcohol; and raise any factors, that taken together, demonstrate that the accident occurred but not due to any intoxication.