A Tucson man who testified he has absolutely no memory of two drunken driving crashes was convicted Tuesday of second-degree murder in the death of one of the drivers he struck.
Frederick Nichols, 32, could receive anywhere from 10 to 22 years in prison in the death of Maria Elena Solorzano.
He was also convicted on multiple other counts, including endangerment, aggravated driving under the influence, criminal damage and leaving the scene of an accident involving serious bodily injuries.
Nichols was driving near South Park Avenue and East Ajo Way in the early morning hours of Nov. 20, 2006, when he collided with a Honda occupied by Julia Tarwater and four children, said Deputy Pima County Attorney Casey McGinley.
Nichols left 91 feet of skid marks before he struck the Honda, proving he was traveling in excess of 50 miles an hour, McGinley said.
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One of the children in the car spent a few days in the hospital, McGinley said. Instead of stopping, Nichols drove on, followed by two off-duty police officers who witnessed the crash, McGinley said.
The officers were unable to catch up with Nichols and five minutes later, Nichols slammed head-on into Solorzano's vehicle at South 12th Avenue and West Canada Street, McGinley said.
Two of the blood tests taken after the crash showed blood alcohol levels of 0.236 and 0.277 percent, McGinley said. The DUI level in Arizona is 0.08 percent.
Defense attorney Brick Storts said there is no question that Nichols was driving drunk on a suspended license, but argued Nichols wasn’t guilty of second-degree murder because of his mental state at that time.
Before a jury can convict someone of second-degree murder, they must find that they acted “intentionally and knowingly” or that they engaged in reckless behavior that showed an “extreme indifference to human life.”
Nichols told jurors Thursday that on Nov. 19, 2006, he drove his girlfriend’s pickup to his uncle’s house on East 34th Street around 1 p.m. so his uncle could replace a thermometer. He said he started drinking beer with some friends a short time later and continued up until about midnight.
“I thought I was fine,” Nichols said. “I had a nice little buzz.”
The next thing Nichols said he remembers after turning onto South Park is waking up on the pavement at South 12th Avenue and West Canada Street.
Nichols also said he only remembers a few minutes of the eight hours he spent at the hospital, where he received 50 stitches on his chin.
Once released from the hospital, Nichols was booked into the Pima County jail.
His loss of memory has been eating at him, as has the havoc he wreaked, Nichols said.
“It makes me feel real bad,” Nichols said. “That’s the last thing I wanted, for anybody to be hurt.”
Under cross-examination, Nichols acknowledged half a dozen of his friends live near 34th Street.
When asked if his friends and girlfriend would’ve been happier had he spent the night with one of them or his uncle, Nichols said “I guess so.”
He said many of them weren’t home when he left the neighborhood, though.
His girlfriend didn’t know his license was suspended, his uncle didn’t know he’d been drinking that day when he gave him the keys to the truck back and his employer never asked if he had a valid driver’s license, Nichols said.
Nichols acknowledged he owns a car, but said his girlfriend and a co-worker drove him to work with an excavation company.
Although Nichols said he couldn’t remember when his license was suspended, court documents indicate it was suspended in late 2001.
Pima County Superior Court Judge Gus Aragón is presiding over the case.
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