LOGAN — The February jury trial for Kalin R. Menlove-Mcginni, the 24-year-old Preston man accused in the fatal accident that killed a Richmond man in 2014, has been postponed while his attorney files a motion to dismiss the case.
Menlove-Mcginni appeared in 1st District Court Monday afternoon for a final pretrial conference. He previously pleaded not guilty to one charge of manslaughter, a second-degree felony and no proof of insurance, a class B misdemeanor.
Utah Highway Patrol troopers claim Menlove-McGinni was driving a gray minivan northbound on US-91, in September 2014. Near the intersection of SR-61 in Cove, the vehicle drifted into the median, striking a black Jeep Wrangler from behind, driven by 42-year-old Leigh Purser. The impact pushed the Jeep into the southbound lane, where it was hit again by a Dodge pickup truck.
Purser was not wearing a seat belt and is believed to have died on impact. He was pronounced dead at the scene.
Prosecutors claim Menlove-McGinni fell asleep while driving home to Preston after working all night at a call center. They said the defendant told troopers after the accident, he had not slept in 48 hours.
In her motion to dismiss the case, defense attorney Camille Neider claimed Menlove-McGinni looked over his shoulder to see if he could change lanes just before rear-ending the Jeep. She wrote the state has failed to prove that her client acted recklessly in causing the death of Purser.
During Monday’s court appearance and after meeting with attorneys for both sides, Judge Kevin Allen postponed the February four-day jury trial. He said as much as he didn’t like delaying the case further, he needed to afford the defendant the time to exercise his rights. He scheduled a hearing date for February 7, when he will hear arguments on the defense’s motion.
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