Homer Alaska - News -

As a result of the Nov. 29 incident, Shandy was charged with one count each of manslaughter, criminally negligent homicide and driving under the influence. He also was charged with and plead no contest to a charge of first-degree witness tampering. While being held in Wildwood Pretrial Facility in Kenai, he was accused of telephoning his family and Herndon's family in an attempt to get them to say she was operating the four-wheeler.

The trial concluded around noon Friday, with Superior Court Judge Donald Hopwood giving the case to a six-man and six-woman jury, who will decide if the state has shown beyond reasonable doubt that Shandy is guilty of the charges.

On Nov. 29, Herndon, who was 25 at the time, and Shandy, now 42, were sharing with family members news of their engagement. After stopping at the home of Shandy's parents, Dave and Jean Shandy, they went to the residence of Laura Trunnell, Herndon's grandmother. Trunnell described the couple as "just overjoyed, "happy," and "ecstatic" about their engagement.

Herndon and Shandy left there on a four-wheeler operated by Shandy and owned by his father. A short time later, Shandy returned with word that the four-wheeler had gone into the river and he could not find Herndon.

Trunnell placed a 911 call. Searchers found Herndon's body found face down in the river at 8:30 p.m. She was pronounced dead two hours later. The state's medical examiner determined cause of death to be drowning with multiple traumatic injuries.

Blood drawn from Shandy an estimated 90 minutes after the incident occurred showed a blood-alcohol content level at .11. The legal limit in Alaska is .08.

Opening arguments in the case were presented Tuesday. In addition to testimony from the Alaska State Troopers and emergency responders, the jury also heard Dave Shandy describe condition and operation of the four-wheeler, and Trunnell's description of the events of Nov. 29. The jury also listened to Alfred Staubus, an Ohio State University emeritus faculty member, who was called by Shandy's attorney, William Taylor of the Kenai Public Defender's office, as an expert witness in the effects of alcohol.

In closing arguments Friday morning, Assistant Kenai District Attorney Jean Seaton suggested to the jury evidence was so strong, she expected they would find beyond a reasonable doubt Shandy had been driving under the influence. She pointed to circumstances present the evening of Nov. 29: extreme cold, darkness, icy conditions and the steep, rocky breakwater. She also referred to the four-wheeler's operating manual that warned against riding without helmets and against riding double. Turning to trooper photographs, she pointed to tracks of the four-wheeler in the snow, showing its direction before going into the river.

Summing up her arguments, Seaton said "because of intoxication," Shandy "made one bad decision after another and in so doing, caused Ms. Herndon's death."

In Taylor's closing arguments, he questioned the validity of the blood alcohol test by pointing to a three-day gap in the chain of custody of the blood sample used in the test. Taylor also pointed out the frequency with which four-wheeler in Alaska are ridden without helmets and ride double. Urging the jury to use their common sense as long-time Alaskans, Taylor asked them to consider it could be considered an "unjustifiable risk" to be out on a cold, dark winter night.

"If it is, is his judgment such gross deviation that no reasonable person would do it?" he asked the jury.

After releasing the case to the jury, Hopwood directed if they had not reached a decision by 5 p.m. Friday, they would reconvene their deliberations at 8:30 a.m. Monday.

McKibben Jackinsky can be reached at mckibben.jackinsky@homernews.com.