by Laurie Merrill - Sept. 18, 2012 05:27 PM
The Republic | azcentral.com
Patrick Nissley of Paradise Valley lost control of his BMW and killed a prominent plastic surgeon in 2010 because he was high on heroin and methamphetamine, not because he was suffering from a seizure, the lead prosecutor argued Tuesday.
Maricopa County Deputy Attorney S. Lee White argued during Nissley's trial that his erratic driving before the fatal accident, and his shouting, cussing and spitting after it, are symptoms consistent with methamphetamine abuse.
If the 27-year-old Nissley had a seizure "he would have crashed long before" he hit a Lincoln Town Car nearly head-on on the 5100 block of North Invergordon Road, White said. Nissley is diabetic.
The crash caused Nissley's BMW to flip over and strike Paradise Valley plastic surgeon Richard Pavese, 62, who was out for a stroll. Pavese died 45 minutes later, according to police and court records.
Nissley faces 10 to 37 3/4 years in prison if convicted on all counts, said Jerry Cobb, spokesman for the Maricopa County Prosecutor's Office. His trial before Maricopa County Superior Court Judge Bruce Cohen began last month.
For minutes before the crash, witnesses observed Nissley swerving in and out of traffic, jumping curbs and speeding, White said.
"It appears the car was under control just going too fast," White said.
The jury was expected to began deliberating after closing arguments.
Though charged with 2nd degree murder, the state conceded Nissley did not "knowingly cause the death" of Pavese. But he did show extreme indifference and act recklessly, she argued.
Nissley was also charged with endangerment imminent death and possession or use of a dangerous drug or narcotic.
The Arizona Department of Public Safety tested blood drawn from Nissley and determined that he was under the influence of heroin and methamphetamine at the time of the accident, Paradise Valley police said.
A hypodermic syringe filled with heroin was in Nissley's car, police said, along with a spoon, cotton, and a baggie containing residue.
Nissley is a type-1 diabetic, according to police and court records. The defense theory is that low blood sugar can lead to a physical condition that can cause accidents, according to court records.
The judge ruled last month that the defense can present testimony about hypoglycemia, according to records.
"It's a claim people have made before," Cobb said. "It's rare because these circumstances are rare."
Defense attorney Larry Kazan did not respond to a request for an interview.
19 Sep, 2012
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Source: http://www.azcentral.com/news/articles/2012/09/19/20120919paradise-valley-man-pedestrians-death-meth-prosecutor-Nissley.html
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