Turn That @#%$ Down! Part 4

Killer got 30 days. Be careful with the volume control.

It all began nearly a year ago when the manager of a Milton trailer park responded to complaints of loud music around 1 a.m. An altercation ensued that ended with Wolcott charged with the manslaughter of 51-year-old Scott Montie.

Developments over the next year would turn the case on its head, and according to Wolcott’s lawyer, point the finger at the victim instead.

“He was attacked. He tried to restrain Mr. Montie and initiated the phone call to the police. Unexpectedly, Mr. Montie was in distress by the time police arrived.”

He later passed away after being held in a headlock by Wolcott. An autopsy showed Montie had pre-existing medical conditions and was drunk.

A grand jury returned the lesser charge of criminally negligent homicide. A plea deal was then struck with the DA’s office.

“They wanted to see that the defendant accepted responsibility and pleaded guilty to a felony and that was achieved in this case,” DA Karen Heggen said.

Montie’s wife had a change of heart about the brief jail time asking for a tougher sentence that would never come to be.

He has agreed to pay about $9,000 in restitution to cover the cost of Montie’s funeral

Turn That @#%$ Down! Part 4

Stuart Elder Changes His Story

Grasping to shift the blame, he adds Bambi to the story and says he was at half the speed originally stated.

Stuart Elder, the man convicted in the drunken-driving deaths, took the stand Thursday to testify he was driving on Sloat Road in Pebble Beach at about 30 mph, when he saw a deer on the road, prosecutor Meredith Sillman said Monday. Elder then testified he sped onto the opposite side of the road to avoid crashing into the animal, saw the victims and crashed head-on, Sillman said.

“He changed his story at the last minute to fit the evidence that we had brought in,” Sillman said.

Elder’s original story stated Sharon Daly, 72, who was driving the Ford Freestyle with Linda LaRone, 65, as her passenger, cut him off, which led to the crash. Elder was the only person the defense called to testify, Sillman said.

Stuart Elder Changes His Story


Stuart Elder Found Guilty

Fifteen years? Only fifteen years.

Stuart Elder, a 31-year-old builder, faces up to 15 years in prison for the manslaughter deaths of Linda LaRone, 65, and Sharon Daly, 72. The women were the former owners of a popular Pacific Grove pet shop.

Still the blame shifting continues…:

At trial, Elder’s lawyer Michael Lukehart had argued Daly, who was driving, had also been drinking that night.

Sillman said the responsibility of the two deaths, and injuries to his passenger, were solely Elder’s fault.

Stuart Elder Found Guilty

Stuart Elder DUI-Manslaughter Trial Defenses

Denial is more than a long river in Africa.

Elder faces up to 15 years in prison if convicted. Because investigators did not find previous driving under the influence convictions, he is not facing a life sentence. Elder has a checkered driving history, with more than a dozen traffic citations between 2003 and 2012.

He says we was cut off:

“He said he was cut off by a vehicle and was unable to avoid it, then they collided,” Avila said. “He seemed to be upset, irrational, excited and talkative.”

Then his DUI blood test was unconstitutional:

Prosecutor Meredith Sillman argued that Elder signed a release allowing medics to withdraw blood from his body prior to being jailed, and that the officer acted in conformity with the law. The court agreed with Sillman and admitted the tests as evidence during trial.

Then it was due to the way the road is laid out:

“What if it was a traffic engineering issue? What if others reacted the same way in that area? Since it’s a homicide, perception here is crucial,” he said.

Sillman said “it is just too much” data for her to collect and find exactly what the defense is looking for. The court denied the defense’s motion.

Stuart Elder DUI-Manslaughter Trial Defenses