Hung Jury creates mistrial in Phoenix motorcycle tragedy

Tragic Phoenix accidentThe legal journey seeking justice for the four riders who died in North Phoenix last year has taken a surprising turn with a deadlocked jury.

After thirty days of trial and four days of deliberation a hung jury leaves many wondering the fate of Michael Jakscht, the truck driver accused of plowing down a group of motorcyclists stopped at a red light, killing four of them.

It was March 24th 2010 when four people died and five were seriously injured when a large dump truck plowed into eight motorcycles stopped in traffic at a light in North Phoenix at approximately 1 p.m.. The eight motorcycles, carrying at least nine people, had pulled up behind a pickup and a small SUV near 27th Drive and Carefree Highway in North Phoenix.

At the time, witnesses told officials the dump truck ran over the motorcycles and collided with the SUV originally in front of the bikes at the light. Some of the motorcycles burst into flames while others, along with the riders, were dragged 50 to 75 yards according to reports. By the time the sanitation dump truck had finally stopped, three riders were trapped underneath.

"I have never seen such a horrific accident involving so many motorcycles," Phoenix Public Safety Manager Jack Harris told reporters at the time.

The prosecution claimed Jakscht was under the influence of drugs and a "lapse of consciousness or his inability to maintain his attention to the task of driving."

But defense attorney Robyn Varcoe said Jakscht had already made 10 runs and had driven about 150 miles that day, operating the truck's complicated machinery, so it was unlikely that he was suddenly unable to drive.

Tragic Phoenix accident

According to Jakscht, he was midway through his day driving a roll-off truck when, according to his testimony, he glanced to one side. When he looked back to the road, he realized he was bearing down on 10 motorcyclists stopped at a red light.

The meth, he said, could only have come from some diet pills that he had been taking for weeks and had last taken the day before.

Phoenix police say initial toxicology tests show that Jakscht had methamphetamine in his system at the time.

Jakscht was charged with four counts of manslaughter, five counts of aggravated assault and two counts of endangerment. But the jury could not reach a unanimous decision, and on Thursday, after four days of deliberations in Maricopa County Superior Court, it hung 9-3 in favor of acquittal. Judge Joseph Welty was forced to declare a mistrial.

A hearing has been set for Aug. 29 to determine if and when to reschedule a trial.

Families of the victims were in the courtroom when the announcement was made about the hung jury. They reacted with disbelief.

"Why can nobody understand what is going on? It's a very cut and dry situation. I mean, you gotta be able to find him guilty under something," says Paul Totonchi, one of the victim's husbands.

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