The case of an ASU alumnus accused of killing an ASU freshman in a hit-and-run car accident was dismissed Tuesday and sent back to a grand jury.
Mark Torre, a Phoenix lawyer who graduated from ASU in 1995, was indicted by a grand jury Oct. 10 on two counts of second degree murder and leaving the scene of a fatal accident following the Aug. 18 death of student Jessica Woodin.
Maricopa County Superior Court Judge James Keppel dismissed the charges Tuesday and sent the case back for grand jury review, citing errors in the prosecution's presentation to the grand jury.
"It is no more proper for a prosecutor, before a grand jury, to express personal opinion as to a person's guilt or innocence than it is to make such statements during arguments at trial," Keppel said in his ruling.
Keppel's decision was a result of the defense's motions that were argued in court Friday. The defense alleged that the prosecution told the grand jury what counts to charge Torre with and failed to give all information to the grand jury regarding Arizona traffic laws.
Keppel also said that the prosecutors failed to tell the grand jury about the rights and duties of pedestrians.
Arizona law states that "a pedestrian shall not suddenly leave any curb or other place of safety and walk or run into the path of a vehicle that is so close that it is impossible for the driver to yield."
Torre reportedly had a green light while Woodin was illegally crossing Apache Boulevard at McAllister Avenue.
Torre's attorney, Larry Kazan, argued Friday that the accident would never have happened if Woodin had not been crossing against the light.
Jessica's father, Doug Woodin, could not comment on specific details of the case.
"Because of the high profile nature of this case, (public comments about the case) can create prejudicial thoughts," he said.
Kazan was unavailable for comment Tuesday.
Reach the reporters at terry.oreilly@asu.edu and lindsey.holder@asu.edu.