Attorney says no criminal intent in crash that killed 3

Kim Smith

Tuesday, March 5, 2002 | 9:32 a.m.

Mitchell Dettloff is not criminally responsible for either causing an accident that killed three people or leaving the scene, his defense attorney said during opening statements Monday.

Defense attorney Richard Wright told jurors that it is a "no-brainer" to conclude that Dettloff left after the car crash that killed Holly Barton, 33, Benjamin Barton, 8, and Brian Cooper, 30.

But Detloff had a history of panic attacks, Wright said, and in order for him to be held criminally responsible for leaving, prosecutors will have to prove that Dettloff formed the intent to leave.

The defense attorney said he expects to call doctors who can testify to Dettloff's state of mind immediately following the tragedy.

At the end of the trial, Wright said he expects the jury will decide Dettloff, 36, cannot be held criminally responsible for his actions.

Chief Deputy District Attorney Gary Booker told jurors Dettloff, 36, clipped the Barton truck April 21 as he was hurrying along U.S. 95 to pick up his children. The Bartons careened across the dirt median and into Cooper's path at 60 to 70 mph.

Holly Barton and Benjamin Barton were ejected during the second collision, and Cooper was crushed when his Ford Ranger pickup landed upside-down.

James Barton, who was driving the family's Ford 150 pickup, was critically injured, but has since recovered.

Jurors were scheduled to visit the scene near Craig Road this morning.

Dettloff was identified as a suspect when he drove back through the accident scene 30 minutes later and a trooper realized his Lincoln Continental, which still had paper dealer plates on it, matched the suspect vehicle.

When police officers went to speak with him at his residence, Dettloff didn't answer the door, Booker said.

Dettloff was arrested three days after the accident while staying at the Rio hotel in a room rented by his fiancee. Wright told jurors Monday that Dettloff's former attorney had made arrangements for him to turn himself in, but the police didn't give him the opportunity to do so.

Dettloff was indicted May 8 on four counts each of leaving the scene of an accident and reckless driving and three counts of involuntary manslaughter.

At two to 15 years per count, leaving the scene of the accident carries the stiffest punishment.

Reckless driving carries a one- to six-year term per count and involuntary manslaughter is punishable by one to four years in prison.