A man charged with driving the SUV that hit and killed Lanie Kruszewski?is out on bond?tonight.?Elias Webb appeared in court Wednesday for the first time since being charged with driving the SUV that hit and killed?Kruszewski.?
Webb reportedly hit Kruszewski while she was riding a bike on?River Road at the end of July.
Webb has maintained that he thought he hit a deer at the time of the accident, but the prosecution doesn't believe it. NBC12 legal analyst Steve Benjamin says what happens next in court will depend largely on what facts are gathered.
Elias Webb said nothing walking into court, but behind the scenes, Benjamin says investigators will be working furiously to piece together evidence that does tell the story of what happened that deadly night.
"They'll be looking at the autopsy conclusions to see where she was struck and they'll be examining everything they can to determine what Mr. Webb was doing before the crash, during the crash and after the crash," said Benjamin, who believes authorities will likely check Webb's cell phone records for calls or texts.
Webb's attorney, Keith Marcus, spoke after court, saying: ?"Words can't even tell you how remorseful he is and even the whole family is just sort of devastated by what happened."
What Webb believed, and whether that is reasonable, will be an important part of the conversation.
There's no legal obligation to stop if you hit a deer," said Benjamin. "The question is whether he did think he struck a deer or whether he should have known indeed that it was a young woman on a bicycle."
Prosecutors say Lanie hit the windshield and that there were no skid marks. They also say her body was found 109 feet from the place where she was hit.
"It is unlikely that he thought he hit a deer," said Assistant Commonwealth's Attorney, Colette Wallace McEachin. "?I just don't believe it."
Benjamin says that's evidence police will have to gather to make their case in court.
"What evidence is there that the windshield was cracked?" said?Benjamin. "That she struck he windshield and may have been carried for some distance on the car. Then that would be inconsistent with the belief that you had just struck a deer."
Webb is facing a class five felony charge. If convicted, he could spend the next ten years behind bars. Another court date is set for August 20.
Webb works in sales for the Richmond?Times-Dispatch. He's also the son of a local attorney and has been working at the paper for nearly three years.
Kruszewski?was laid to rest Friday. Hundreds of cyclists turned out Sunday for a ride in her memory.
Copyright 2012 WWBT NBC12.? All rights reserved.
Source: http://www.nbc12.com/story/19232762/nbc12-legal-analyst-weighs-in-on-richmond-hit-and-run-case
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