Defense: Man not impaired in crash that killed son

Kim Smith

Thursday, Oct. 31, 2002 | 9:35 a.m.

Michael Anthony Schlotfeldt wasn't drunk when his minivan struck a U-Haul truck head-on, killing his 2-year-old son, his attorney told jurors Wednesday.

Defense attorney Herb Sachs told jurors that prosecutors think Schlotfeldt, 27, had a blood alcohol content above the legal limit based on a mathematical formula that isn't any more reliable than polygraphs.

"You'll see absolutely no evidence whatsoever or hear testimony from anyone that will say my client drove his vehicle while impaired from liquor," Sachs said.

Wednesday was the first day in Scholtfeldt's trial on multiple charges pertaining to the March 17 death of his son, Tommy.

Chief Deputy District Attorney Gary Booker told jurors that Schlotfeldt spent the evening of March 16 drinking and gambling in Laughlin before he decided to drive home to Las Vegas with his son.

When Schlotfeldt reached the Searchlight area on U.S. 95, he attempted to pass five tractor-trailers by crossing into the southbound lanes, Booker said.

Before he could do so, he struck a U-Haul truck being driven by a man moving to Arizona, David Walker.

"Mr. Walker had little or no time to react," Booker said. He moved to one side, but Schlotfeldt moved to the same side.

Schlotfeldt's son died instantaneously from head, chest and abdominal injuries, Booker said. Walker was seriously injured in the crash but survived.

Booker said Schlotfeldt confessed to having been drinking and a blood test taken less than three hours after the crash showed he had a blood alcohol level of 0.07.

By extrapolating, chemists believe Schlotfeldt had a blood alcohol level of .13 at the time of the accident -- well above the legal limit of .10, Booker said.

"The defendant told (a coroner's investigator) that he was drunk, that he stayed up all night partying, that he drove while he was drunk and that he killed his son as a result," Booker said.

Sachs alleged that not only was his client not drunk, but also that he was in a passing lane when the accident occurred. Had Walker not been watching a Nevada Highway Patrol trooper who happened to be in the area, the accident would not have happened, he said.

Schlotfeldt faces two counts of driving under the influence, two counts of reckless driving, one count of child endangerment and one count of involuntary manslaughter.