Parker man convicted of aggravated DUI in jury trial

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A Parker man has been convicted of Aggravated DUI after a jury trial at La Paz County Superior Court last week.

Rick Malin, 67, was arrested in July 2014 for driving under the influence of alcohol by La Paz County Sheriff’s Deputy Roger Rosado in the Lakeside 5 area north of Parker. Malin challenged the traffic stop, arguing in court that he was unfairly targeted by Rosado and pulled over for no valid reason.

In February, Malin’s attorney Robin Puchek filed a motion to dismiss the case on the basis that the traffic stop was warrantless, but Judge Samuel Vederman denied the motion and the case proceeded to trial. Although two breath tests and blood test revealed a blood alcohol content greater than the legal limit of 0.08, Puchek argued that there was little evidence of impairment and reasons to doubt the accuracy of the tests.

In cross-examination, Deputy Rosado told the jury of eight that Malin had made a “wide right turn without a signal” and had then failed the field sobriety test after he was stopped. But Puchek pointed out that Rosado had followed Malin for 1.1 miles without pulling him over, and had not noted any other infractions or problems during the drive.

“You allowed this man to drive for 1.1 miles after you became suspicious of his driving?” Puchek asked Rosado. “And he drove perfectly for that period of time?”

Rosado replied that there are not many safe places to pull Malin over on Rio Vista Road, which prompted Puchek to refute this statement by entering into evidence a sequence of photographs showing places that he argued Malin could have been pulled over.

Puchek also revealed to the court that Malin’s mother lives next door to Rosado’s mother in the Lakeside area, and asked the jury to consider whether some animosity related to the family connection was the real reason for the traffic stop.

The case made by a new prosecutor with the La Paz County Attorney’s Office was straightforward: that Malin had been drinking, had attracted the attention of a police officer doing his job on a DUI detail that night, and had failed field sobriety tests and three blood alcohol tests.

Ultimately, the trial was shorter than the court expected and the jury came back from deliberations with a ‘guilty’ verdict after a relatively short time. Malin was convicted of a class four felony, because he had been required to have a vehicle interlock device installed in his car, and was pulled over driving a car which did not have the device installed. This lifts a DUI from a misdemeanor to a felony, and carries a maximum of 3 years in prison, with aggravating factors up to 3.75 years. A period of probation is also an option for Judge Vederman in the case.

Malin is free as he awaits sentencing proceedings, which are currently scheduled for November 9th. Public records show that Malin was also charged in a separate case with possession of dangerous drugs and possession of drug paraphernalia in March 2015.

10 comments

  1. Curious, who was the new prosecutor?

    And what was his Blood Alcohol Content?

    I feel safer already, don’t you?

  2. Michael roth it was above the legal limt 0.08

  3. Yes, I know. Are you going to go along with the program if they drop the legal limit again?

    Are you for 0.00 as a legal limit? If they passed a law that said you can’t have alcohol in your system within past 24 hours, you cool with that? I’m not for drunk driving, I’m for justice. And most laws have absolutely nothing to do with justice!

    What if he was .085, is it possible a machine can be inaccurate?

    This blind obedience to all laws on the books is going to be the ruin of this nation. After all, everything Hitler did was legal. He thrived not because he was powerful but because the people went along with the program! It was MORE the German citizens fault than Hitlers. They could’ve stopped it early on but did not

    And I do have experience with cops bullying me because I refused to let them violate my rights, there could be truth to the allegation about bad blood, some cops can be real pricks and know they will get away with it because almost everyone on a jury believes a cop, after all the accused wouldn’t be in court if he did nothing wrong! Right?

  4. New prosecutor: Kellen Marlow. Blood alcohol was tested three times and (from memory) I think the lowest was 0.139 or similar.

  5. Ok, thanks John. .139! That’s drunk!!!!! He’s outta here for sure!

  6. Yes… the defense was basically that the traffic stop itself was invalid, but that blood alcohol content is kind of a trump card I guess.

  7. People should still study and understand this……

    http://www.fija.org

  8. Used to be a friend of Malins

    How come they didn’t bring up his breaking and entering and attempted robbery charges from a year or so ago? He broke into a friends house! He should’ve been gone a long time ago!!!

  9. To “Used to be a friend of Malins”:
    It is likely due to the lack of moral fiber held within the majority of the La Paz County Attorney’s Office. They apparently have no experience as crime victims and as such, are prone to offer plea agreements to everything, up to and including homicide.

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