Judge denies defense motions in case over Hancock Co. vehicular homicide

Published 9:30 am Thursday, February 25, 2010

A judge has denied two defense motions in the case of a Lake Mills, Iowa, man charged in connection with a traffic collision which killed two people last summer.

Koh Evan Tsuruta, 20, is charged with two counts of vehicular homicide and one count of serious injury by vehicle in connection with the June 18, 2009, crash that killed Harlan Derr of Rudd and Tyler Brighton of Lake Mills.

The prosecution alleges Tsuruta was drunk at the time of the crash.

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The defense contended that the urine sample used for testing was not drawn within two hours following the crash, making it inadmissable. That motion was denied by Judge John Mackey.

The defense also contended the urine samples used in the testing were too small to offer an accurate result making the results of the test inadmissable. Mackey also denied that motion.

The defense has been provided with a sample to conduct its own independent test of one of the two urine samples.

Tsuruta was taken to University of Iowa Hospitals and Clinics in Iowa City for his injuries after the collision.

Court documents say Tsuruta is confined to a wheelchair as a result.

He is attending classes at Augustana College in South Dakota. Court documents state that he requires full-time assistance and is being cared for by his mother, Deb Tsuruta, and is living in college housing.

The two-vehicle collision was at the intersection of County Roads B-14 and R-74 in northeast Hancock County.

Brighton was a passenger in Tsuruta’s car.

Derr was alone in the other vehicle.

The trial which was to have started on Wednesday has been postponed. Hancock County Attorney Karen Salic said it will probably be summer before the case goes to trial.

Tsuruta is represented by Mason City lawyer Joel Yunek.

Vehicular homicide is a class B felony. Serious injury by vehicle is a class D felony.