| How is it that one drunken driver gets 12 years in prison for killing a pedestrian and another gets 10 days in jail? The devil is in the details. Holes in the evidence against Nicole Bailey left prosecutors without proof she contributed to the accident. |
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| DRIVER |
NICOLE BAILEY |
MARIO ZERTUCHE |
| Pedestrian victims |
George Nessler |
Lynda Cenatus |
| Alcohol level |
0.27 |
0.11-0.16 |
| Eyewitness? |
No |
Yes |
| Approximate point of impact? |
No |
Yes |
| Accident reconstruction? |
No |
Yes |
| Establish bad driving? |
No |
Yes |
| Defendant statements |
Help defense |
Help state |
| How? |
Said she never saw pedestrian; he stepped in front of her |
Said he saw pedestrian, but he did not slow; was hungry, distracted |
| Conditions? |
Dark, middle of night; did not expect pedestrian |
Well lit; dusk; busy area |
| Outcome of prosecution |
Plea deal, 10 days jail |
Convicted at trial, 12 years prison |
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Sources: Court records, Hillsborough prosecutors
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