Tuesday, December 01, 2009

Officer David Seaton Indicted for Manslaughter

A former San Antonio police officer involved in a high-speed wreck last year that killed a colleague has been indicted on manslaughter and aggravated assault charges.

David Seaton, 44, could face up to life in prison if convicted of either of the felony offenses — a stark contrast to the maximum 10-year sentence he faced last month before rescinding a plea agreement with prosecutors.

Seaton rescinded his no contest plea Nov. 12, the day he was scheduled to be sentenced on the manslaughter charge in connection with Officer Robert Davis' death.

State District Judge Sid Harle granted Seaton's last-minute request to back out of the plea agreement, saying he would allow it because the former officer's case had not yet been reviewed by a grand jury.

On Monday, a grand jury returned the indictments against Seaton, who remained free on bail Tuesday afternoon. The aggravated assault charge stems from serious injuries motorist Darrell Lampkin suffered in the Nov. 28, 2008, crash. Seaton is expected to again surrender to authorities now that he has been indicted.

Both felonies are generally punishable by up to 20 years in prison, but because Seaton was an officer when the crash occurred, the maximum possible punishment range was enhanced to 99 years or life in prison.

Tuesday marked one year since Davis' death. The rookie officer suffered massive head injuries and was taken off life support three days after being struck on Potranco Road at Hunt Lane, where he had been working an unrelated accident.

Investigators believed Seaton was driving more than 100 mph without his overhead lights on when he was responding to a low-priority shoplifting call, according to the San Antonio Police Department. The Police Department recommended to the district attorney's office last December that he be charged with manslaughter.

The indictment and its enhanced sentence range should not come as a surprise to Seaton, said Adriana Biggs, chief of the district attorney's white-collar crimes division.

“We thought these were the appropriate charges to put before the grand jury,” she said. “Now it's up to the trial jury.”

Defense attorney Jay Norton on Tuesday said he still holds out hope his client can reach another plea agreement with prosecutors given the uncertainty of a jury trial.

Prosecutors previously said a plea agreement is still feasible, but the terms wouldn't get better than what Seaton has been offered. Norton declined to comment on what changes Seaton might seek, or why the original agreement became untenable.

Ultimately, he said, his client is ready to place his fate in the hands of jurors if necessary.

“It's not like he walked away from it unscathed,” Norton said of the wreck, pointing out that Seaton is still undergoing physical therapy for his injuries. “It's a tragic situation all around.”

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