DA to Retry DUI Charge in Accident that Killed Teen

Tuesday, Dec. 3, 1996 | 11:59 a.m.

A jury deadlocked two weeks ago on the felony DUI charge against David Demerjian, 40, but convicted him of felony reckless driving. He faces one to six years in prison when sentenced.

Demerjian's blood-alcohol level of 0.066 was below the legal limit of 0.1. But Gammick argued that his driving abilities were impaired by drinking when he crashed into the Jeep driven by D.J. Benardis.

Benardis, 18, a Bishop Manogue High School senior, died at the scene of the April 2 accident near the interchange of Interstate 80 and U.S. 395.

Gammick said he notified the victim's family early today of his decision to try the case again.

A hearing on the matter is scheduled on Tuesday before District Judge Peter Breen.

During the first trial, Demerjian's defense lawyer argued that the freeway interchange where the accident occurred, known as the Spaghetti Bowl, was as much to blame for the fatal crash.

Demerjian could not avoid Benardis' vehicle when traffic stopped suddenly, he said.

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