The Enid News and Eagle, Enid, OK

December 3, 2012

Jury selected in manslaughter, DUI trial

By James Neal, Staff Writer
Enid News & Eagle

ENID, Okla. — A jury of six men and six women was selected Monday for the trial of a 26-year-old Enid man charged with manslaughter and DUI with great bodily harm, related to a Nov. 13, 2010, collision in the 3000 block of West Willow.

Vincent Blaine Sixkiller was charged Nov. 18, 2010, in the death of Robert Ukena and severe injury of Michelle Schartz, caused by a  four-vehicle crash at about 2:04 a.m. on West Willow.

Sixkiller was found by officers following the collision next to his truck, swaying and talking on a cellphone, his speech slurred and eyes watery and bloodshot, according to an affidavit filed in the case.

Sgt. Kevin Bezdicek spoke with Sixkiller at the scene and asked him what had happened.

Sixkiller said he was driving westbound when a vehicle hit him, but was pointing east, Bezdicek said. Bezdicek told him he was pointing east and Sixkiller began to argue with Bezdicek saying the sergeant was wrong and he was pointing west.

Bezdicek asked Sixkiller if he saw the vehicle that had been stopped and Sixkiller said there were no vehicles. Sixkiller also said he had been drinking that night, according to the affidavit.

A witness at the scene said he approached Sixkiller’s truck after the collision and Sixkiller still was in the driver’s seat, acting as though he was driving, according to the affidavit. The witness said Sixkiller had both hands on the steering wheel and was attempting to steer the vehicle as it sat in the ditch.

A test of Sixkiller’s blood taken after the collision had a blood alcohol content of 0.23.

The results of that blood test likely will be the focus of the defense’s case as the trial proceeds this week.

Defense attorney Evans Chambers already has lodged several legal challenges to the blood test, which was conducted by Oklahoma State Bureau of Investigation.

A motion filed by Chambers to suppress the blood test was granted by Special District Judge Brian Lovell in December, 2011. Lovell reversed his decision and readmitted the blood test results after hearing testimony in another hearing in March.

Chambers filed another motion to suppress last month, which was overruled by District Judge Paul Woodward. Chambers indicated in his remarks during Monday’s jury selection process he intends to call one, or possibly two, “expert witnesses” to challenge the validity of the OSBI test of his client’s blood after the wreck.

The trial continues today with opening remarks from Chambers and Assistant District Attorney Irene Asai.

The manslaughter charge is punishable by no fewer than four years imprisonment, and the DUI is punishable by a fine of up to $5,000 and imprisonment for one to five years.

Staff Writer Cass Rains contributed to this story.