Appeals court considering ‘too drunk’ for murder charge as defense in fatal DUI case

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(Photo: MGN Online)

LONG ISLAND, N.Y. — Lawyers for three people convicted of murder in fatal drunk driving crashes say the convictions should be thrown out because they were too drunk to know what they were doing.

Katie Flynn was killed in July 2005 when a limo she was riding in was hit by a pickup truck driving the wrong way. Limo driver Stanley Rabinowitz was also killed, PIX11 reported.

The truck was being driven by Martin Heidgen, of Valley Stream. Police said Heidgen’s blood alcohol level was three times the legal limit.

Lawyers for Heidgen, and two others in similar cases, argued Tuesday before a State Court of Appeals in Albany that their clients may have been too drunk to know the risk of their actions so they shouldn’t have been charged with depraved indifference murder.

In Albany, Katie’s father said afterward he was astonished the judges would even consider the case.

“It’s tragic that people could drive while intoxicated and that could actually insulate you from a murder charge,” he said.

The Appeals Court is expected to rule on the case next month.