Auto fatality conviction affirmed

The vehicular homicide conviction of Shane Allan Cummings in April of 2009 has been upheld in Division III Appeals Court in Spokane. An appeals court mandate of the Dec. 16 decision was filed in superior court here Monday.

Cummings was sentenced to 65 months in prison May 1, 2009, after a jury convicted him a week earlier of the death of Travis McCay, 22, Medical Lake.

McCay died as the result of injuries sustained when the Honda Protege driven by Cummings went off the Hole-in-the-Ground Road and down a 21-foot embankment in northwest Whitman County Feb. 18, 2009.

Deputies at the scene found beer in the Honda, and an alcohol content test was conducted on a blood sample drawn from Cummings, who was employed at a local stock ranch at the time of the accident. Cummings in his appeal contended the blood samples used to present alcohol content reports to the jury might have been contaminated. The vials containing the blood, which were sent to the state lab for analysis, might have been contaminated by an anticoagulant and an enzyme used in vials to stabilize alcohol content for analysis.

Appeals Judge Stephen Brown ruled the blood samples were valid. He also ruled out challenges stemming from jury questions during deliberation and inclusion of an Oregon driving infraction in the sentencing. The trial court’s response to jury inquiries was neutral or negative and did not add any additional information or instruction, he ruled.