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-- court is back in session on the docket today a woman behind the wheel has a seizure and kills five people including three children.
Now she is charged with homicide.
The prosecution saying she had a seizure five years earlier she was warned not to drive again until she had seen a neurologist.
But she ignored that advice.
The defense says that warning never happened.
But I miss you know holder after.
It is -- -- you wrote a book hospital.
Was working long shifts Muslim -- -- He should you know.
Might not tell.
-- -- He's perfectly fine.
Joining me now former prosecutor.
Now defense attorney Janice Kilgore and defense attorney Bryan Clay school.
Brian the prosecution is painting a picture of a woman who negligently ignored the advice of her doctors and had not one but two prior seizures.
Then got behind the wheel to the entire communities -- and wound up at negligently.
Killing a family of five -- they have the goods.
Well I personally think they do because driving is a privilege anywhere in this country it's not a right it's a privilege.
You have to -- that privilege.
And if ms.
Chavez was put on notice twice in 2006.
That she has symptoms consistent with the seizure disorder she has a duty to everybody in that community.
To go -- get checked.
And get treated for that seizure disorder otherwise she's putting everybody in -- when she gets an -- in an automobile.
And -- and an automobile is like a weapon it's like a deadly weapon.
It's a dangerous aren't talented as the college in the law clearly it just across the -- is saying.
That she was that this was preventable she had a duty they said rest assured we don't believe this was an accident if this woman -- two prior seizures.
And willingly got behind the wheel without having -- any medication to address a seizure disorder.
Is she guilty of criminally negligent homicide no -- and here's why the 2011.
Seizure was diagnosed by her husband her husband's not a doctor so we're really only dealing with the doctor whose daughter in 20065.
That is -- -- -- how could we possibly say that she could have envisioned something happening watching it would double aren't your diet if she was warned back then in 2006.
Don't get behind the wheel the cards using a neurologist I would never did that doctor the doctor himself could have contacted the DMV because he allowed it to a report that if he thought respected issue he should have done and -- and look.
Every obese smoker who get behind the wheel is a heart attack waiting to happen are we gonna hold people live but isn't there an -- re not listen -- I -- I wanna bring in before we're gonna carry court over but let me bring in doctor Marc Siegel is our medical expert on -- doctor -- kennel one who has a seizure disorder.
Get behind the wheel of a car generally.
Megan this is very complicated -- and Hillary make it simple if it's a diagnose seizure disorder.
And they're not full properly medicated for -- they should not get behind the wheel of a car however in 2006 when she had that black out.
We don't know for sure that she had a seizure what she needed to do was follow up with a position once you have a blackout.
Haven't elect -- and -- program called any EG and figure out if you really have a seizure.
Let let me ask you -- -- don't -- -- -- anti but I want to ask you -- before we go to the break.
It's they said the defense says she followed up with a primary care doctor at some clinic but not with a neurologist is that sufficient well.
-- sufficient -- the primary care doctor knows what he's doing and and says get yourself.
A neurological work up by the way when she went to fill out her driver's license form -- -- if you have an underlying medical condition.
I think that she did and I think she probably does of the seizure and I think it needed to be diagnosed needed to be fully worked up.
But I'm not sure that that rises to the level of negligent homicide honestly we're -- not kind of passion and I'm at a Bryant with his thoughts right after this break don't go --
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