The grand jurors who indicted a Tucson man in connection with a fiery crash that killed a local woman as she sat in a state trooper's police car should have been told two troopers thought he was going the speed limit, a judge ruled Monday.
Because prosecutors did not provide that information, Pima County Superior Court Judge Richard Fields said the Pima County Attorney's Office must take its case against Robert Gallivan to another grand jury.
Arizona Department of Public Safety officers pulled Faith Mascolino, 45, over in the early hours of June 3, 2009, on Interstate 10 near West Orange Grove Road. After conducting a sobriety test, they arrested her on suspicion of driving under the influence and placed her in the back of one of the officers' cruisers.
One of the officers was on the phone with Mascolino's daughter when the officers spotted a Nissan Altima coming toward them. The officers jumped over the guardrail and the Nissan crashed into the cruiser, which exploded and burned. Mascolino died and Gallivan was injured.
Tests indicated Gallivan was not under the influence of illicit drugs or alcohol, but he had an antipsychotic medication in his system.
Gallivan was indicted on a manslaughter charge in January, but defense attorney Michael Bloom said prosecutors were unfair when they presented their case to the grand jury.
The grand jurors were told an accident reconstructionist thought Gallivan was going 112 to 116 mph in a 65 mph zone, but they weren't told the DPS officers who jumped over the guardrail both think Gallivan was going between 60 and 70 mph.
Fields also gave Deputy Pima County Attorney Bruce Chalk permission Monday to have Gallivan's phone analyzed to see if he was texting before and after the crash.
Contact reporter Kim Smith at firstname.lastname@example.org or 573-4241.