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Jury deliberates in case of Kellogg car crash that killed 5-year-old

  • The Wichita Eagle
  • Published Thursday, Jan. 26, 2012, at 3:56 p.m.
  • Updated Saturday, Jan. 28, 2012, at 6:37 a.m.

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— A Sedgwick County jury will resume deliberations this morning in the murder trial of Ronald Bevan, charged in the death of a 5-year-old girl killed last year in a car crash on Kellogg.

Bevan faces second-degree murder charges in the death of Amber Randolph, a Clearwater kindergartener killed Feb. 12, 2010, after a pickup driven by Bevan’s friend, Matthew Noel, crashed head-on into a Camry driven by the girl’s mother.

Bevan also faces one count of aggravated battery for injuries Amber’s mother, Michelle Randolph, sustained in the accident and one charge of involuntary manslaughter while driving under the influence. Bevan did not testify during the trial.

Jurors began deliberations shortly after 2:30 p.m. Thursday after hearing closing arguments by Bevan’s attorney, Gary Owens, and prosecutors Aaron Breitenbach and Tyler Roush.

During closing arguments on Thursday, Breitenbach and Roush told jurors that even though Bevan, 30, was not driving the truck that hit Michelle Randolph’s car, the series of choices Bevan made that day make him responsible for Amber’s death and her mother’s injuries.

“He chose to drink. … He chose to drive on Kellogg. He chose to race,” Breitenbach said. “… ultimately he decided to win that race.

“Cause and effect are at play here.”

Police said Bevan was speeding westbound along Kellogg while intoxicated. He cut in front of Noel’s truck, causing his friend to swerve, slide up a snowbank and skip over a concrete median into oncoming traffic. Authorities say the two were racing to a restaurant.

Breitenbach said Thursday that Michelle Randolph was slowing to stop on the opposite shoulder of eastbound Kellogg when the accident happened. Amber was properly secured in the back seat of her mother’s car.

Bevan claims the actions of the driver of an unknown van caused him to cut in front of Noel’s truck that day, according to statements made Thursday by attorneys.

Prosecutors argued that Bevan’s actions, though unintentional, were reckless and with extreme indifference in regard to human life, which satisfies the requirements of second-degree murder.

“At the end of the day their choice to drink and race and do what they did makes them both responsible in the death of Amber Randolph,” Breitenbach aid.

Bevan’s attorney began his closing arguments by restating his opening remarks, made Tuesday in the case.

“What we’re dealing with is a tragedy,” Owens said.

He said that police accounts of Bevan following the crash indicate little to nothing of Bevan’s impairment.

Bevan’s blood alcohol level was .15 – nearly twice the legal limit of .08 – when it was tested more than two hours after the crash. Owens argued that officers are trained to look for other signs of intoxication, such as slurred speech and impaired motor function – none of which Bevan exhibited when interviewed by officers.

Officers recorded smelling “a faint order of alcohol” on Bevan, Owens said; one noted that Bevan had bloodshot eyes, according to Owens.

Noel was charged with involuntary manslaughter in the incident, but a jury last month was unable to reach a verdict in his trial. Prosecutors said they plan to retry Noel next month.

Contact Amy Renee Leiker at aleiker@wichitaeagle.com.

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