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Posted: 7:30 p.m. Friday, Feb. 1, 2013
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By Geoff Tyler
EL PASO, Texas —
Jurors will meet on a Saturday to hear closing arguments in the trial of a man facing intoxication-manslaughter charges for what happened the night a couple was hit and killed crossing an East El Paso street. It will be the eighth day of trial for the case.
The mother of Angela Gonzalez identified a picture of her daughter to a jury in a courtroom on Friday afternoon. Gonzalez and her companion, OrlandoFigueroa, were killed crossing Lee Trevino Drive by an alleged drunk driver, Eric Barajas. He faces two counts of intoxication manslaughter and two counts of manslaughter for their deaths.
"They were in the middle of the street, not where they were supposed to be, jaywalking, highly intoxicated, and with no reason being where they were," said Barajas' attorney Stuart Leeds.
Leeds says Barajas' blood-alcohol level was almost 3 times the legal limit, but he wasn't the only one.
Leeds says Angela Gonzalez had the highest amount ofintoxication, and she and Figueroa didn't use a crosswalk.
Leeds said, "The information is that they were walking very quickly, laughing, and joking."
The defense got an expert to say the two posed a danger to themselves and others.
"If my client had died in the accident, and the two pedestrians had lived, they could have been charged with intoxication manslaughter because they were guilty of misconduct dangerous to human life, which is crossing a busy street while they were drunk," said Leeds.
The prosecution said Barajas was speeding.
"Their case was that he wouldn't have hit them if he was going 45 miles an hour," said Leeds.
The crime scene may have been contaminated.
"One of the officers had to tell the fire department to stop kicking the debris around at the scene," said Leeds.
A DWI charge was added to the manslaughter charges on Friday. The intoxication-manslaughter charges carry a prison term of up to 20 years.
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