Accused DUI Killer Wants Evidence Thrown Out

Lawyers for 22-year-old Steven Tyler Frizzell are trying to get blood alcohol and other evidence tossed before the trial begins next month.

That is among several motions filed by attorney Bryan Hoss on behalf of Frizzell in Hamilton County Criminal Court.

Police and prosecutors say blood tests show Frizzell had alcohol, cocaine, Valium and muscle relaxers in his blood last Memorial Day morning. At 6:15 a.m. police say he drove his Ford Taurus at a high rate of speed into the opposite lane on Old Hixson Pike, slamming head-on into a Dodge Durango truck with three people inside.

After the hearing in Judge Don Poole's courtroom Monday Jo Ann Frizzell said "I lost my husband, that was a great loss."

Her husband, Robert Frizzell, was killed on impact She and her friend Ruby Arnold were also in the truck and have just recently been able to get out of wheelchairs - they're left with disabling injuries and will need braces and canes to get around.

Steven Frizzell, who is not related to the victims, is charged with vehicular homicide, two counts of vehicular assault, two counts of reckless assault and driving under the influence.

Monday his lawyers argued the blood alcohol test results should not be allowed to be heard by a jury - saying police didn't get search warrants for the blood - and argued that methods the T.B.I. uses to calculate blood alcohol content by "extrapolation" are flawed.

Marty Frizzell, son of the deceased, said "they got a lot of good evidence against the boy, and they're trying every way in the world to get rid of it. I don't think they will."

"I think they're grasping at straws," Jo Ann Frizzell said.

Testimony during the motions hearing shows blood was taken from Steven Frizzell almost two hours after the crash and again four hours afterwards. Records show he had just below the legal limit for intoxication.

A T.B.I. forensic scientist testified that by using formulas he can conclude it's more likely Frizzell was impaired.

Just days after the crash in 2007 Frizzell was out on bond and ordered not to drive or drink. But he was caught buying beer at a convenience store and sent back to jail under a higher bond of $200,000

"I think he showed his remorse when he got caught buying beer 11-days later, that really showed how much he cared about my family," Marty Frizzell said.

Court records show Frizzell has a lengthy criminal record prior to the fatal crash that inlcudes alcohol and drug charges and traffic citations that include speeding - in some cases in excess of 90 and 100 miles per hour.

To this day Steven Frizzell has ignored the victims.

"No statement, no eye contact or anything. No apologies, no, from the family or him," Jo Ann Frizzell said.

Judge Don Poole is expected to decide on the defense motions next Tuesday, inlcuding the motions to supress the blood alcohol tests and testimony relating to the findings. A trial is scheduled for June 24.

A conviction on vehicular homicide charges carries a sentence of eight to 12 years in prison. It is possible that if Steven Frizzell is convicted and sentenced with the charges running consecutively - despite his criminal record - he could be free before his 30th birthday.