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#14
Hypoglycemia a Defense for Manslaughter
Man acquitted of a manslaughter charge due to his
hypoglycemia defense
CALDWELL, Idaho – A Washington state man who suffers from
diabetes was acquitted of a vehicular manslaughter charge after a
judge agreed that his condition had rendered him unaware of his
actions at the time of a crash.
Delbert Dale Odman, 55, of Yakima, Wash., faced the charge
for driving his pickup truck head-on into a vehicle driven by
Maria Vargas, 71, of Wilder, on Aug. 13.
Defense attorney Scott Fouser argued that Odman should not
be held responsible for Vargas' death because he was suffering
from a diabetes-related condition called hypoglycemic unawareness
when the crash occurred.
Diabetics in a state of hypoglycemic unawareness do not
have or recognize the normal symptoms of falling blood sugar. They
may go rapidly from normal functioning to a state of
unconsciousness, according to the Diabetes Dictionary.
Third District Judge Gregory Culet granted Fouser's motion
for an acquittal on Thursday.
"You can't find him guilty if he's unconscious at the time
of the accident," Fouser said. "It was the right result for the
trial."
The decision
was disappointing and may be appealed, Canyon County Chief
Criminal Deputy Prosecutor John Christensen said. Caldwell is
located about 20 miles west of Boise.
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FACT:
An HDL level
of less than 35mg/dl is a risk factor for developing heart
disease.
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