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Thursday, May 5, 2016

Reichert acquitted

Tuesday, May 31, 2005

Following a two-day trial last week at the Cherokee County Courthouse, a jury found Justin Reichert not guilty on a charge of homicide by a vehicle.

Charges stem from an accident on June 16, 2002 at 7:47 p.m., on Highway 59 about seven miles south of Cherokee resulting in the death of Ted Boysen, 31, Holstein. Justin Reichert, who was 20 at the time, was driving a 1996 Saturn north bound Reichert and reportedly crossed the center line and struck a south bound 1986 Honda Shadow motorcycle that was driven by Boysen.

In October of 2003 the Cherokee County Sheriff's Department arrested Justin Reichert on a charge of homicide by vehicle, a class C felony.

At the trial, the defense attorney acknowledged that the death was caused by a collision of the two vehicles but challenged the position of the prosecution that this constituted homicide by a vehicle.

In his instructions to the jury, Judge John Duffy noted that in order for the defendant to be guilty of homicide by a vehicle, he had to be "reckless," defined as "willfully disregards the safety of persons or property."

A finding by the jury on a criminal charge requires unanimous by the jury members. The verdict of not guilty was reached on May 18.

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