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November 28, 2009

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Arguments continue in Damonte hit-run trial

Thursday, Oct. 9, 1997 | 5:02 a.m.

NHP Trooper Michael Del Sodato testified in the trial of Audrey Damonte, 33, charged with driving away after hitting and killing a pedestrian who ran across North Carson Street on a rainy night last December.

Damonte briefly stopped after hitting Don Ferris, 42, but Del Sodato said she wouldn't have been able to see his body in the rear view mirrors or by opening her car door to look back before driving off.

But the officer also said Damonte's car should have been jolted by the impact and by running over the 210-pound victim, who was drunk and was wearing dark clothing.

Del Sodato's testimony followed testimony Wednesday from two bartenders who said Damonte had 1 1/2 drinks at their bar but wasn't intoxicated prior to the mishap.

District Attorney Noel Waters argues that Damonte, who turned herself in several hours later, was obligated to stop because she knew she had hit something.

Defense lawyer Bill Maddox contends that the state's hit-and-run laws are ambiguous and that Damonte was not legally required to stay at the scene because she didn't realize she had hit a person.

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