After three years of waiting, sentencing has come through on a Florida DUI manslaughter case in Orlando. 23-year-old Malcom Barnes, a former UCF student, was charged with DUI and plead no contest in a November 20th hearing on an incident that occurred in October of 2006.
Three years ago, Barnes killed Andrew Brannon, a 19-year-old UCF student, upon impact of an accident that occurred while he was driving under the influence. The victim was driving a motorcycle and wearing a helmet, but Barnes hit him head-on while driving on the wrong side of Alafaya Trail between State Road 50 and University Boulevard close to UCF campus.
Barnes pled no contest for the DUI manslaughter charges. According to the first deputy arriving at the scene, Barnes hadn't been drinking; he was high from huffing the gas from inside an aerosol spray can. Two cans of spray duster and a can of cleaning spray were found in his vehicle.
Barnes suffered a seizure which caused him to black out while operating a motor vehicle, which is what caused the accident. It was Barnes' first time suffering a seizure.
A drug test was administered and the lab results showed that Barnes was under the influence of the inhaled substance, which caused him to drive into the oncoming traffic lane.
Typically, the minimum sentence of a DU manslaughter charge is around 9 years, according to Judge Marc. L. Lubet. Lubet told Barnes he's "a good kid with a bright future and have no other criminal record. But I cannot overlook the fact you killed another person."
Because Barnes showed true remorse and admitted full responsibility for his actions, Lubet gave a lesser sentence than the average 9 years. Barnes was sentenced to 18 months in prison and two years of probation after prison release. His license is suspended indefinitely and he will be required to spend 150 volunteer community service hours speaking to the youth and a variety of programs on the damage and dangers of DUI.
Fort Lauderdale DUI lawyer Carlos Canet, P.A. is experienced in Florida DUI defense. If you have been charged with DUI in south Florida, call 866-7ASKDUI to speak to an experienced DUI lawyer with offices in Miami-Dade, Broward, and Palm Beach Counties.
If you visit the Law Office of Carlos A. Canet to discuss your Florida DUI or other serious traffic offense case that occurred anywhere in South Florida, whether in Miami-Dade County, Broward County or Palm Beach County, you meet with Mr. Canet. He is the attorney who will answer all your questions and handle your case from beginning to end.
