Toxicology reports have returned from the Wyoming Chemical Testing Laboratory in the Vehicular Homicide Case involving Shawn Pendleton that occurred on January 29, 2016. The toxicology reports establish that Shawn Pendleton was not under the influence of drugs or alcohol to a degree that would make him guilty of Aggravated Vehicular Homicide.
Wyoming Chemical Testing Laboratory released Pendleton's blood test results and he reportedly had a blood alcohol level of .04. According to state statue a blood alcohol level of .05 and below cannot be considered aggravated vehicular homicide. According to reports Fremont County Sheriff's Department responded to the accident at 9:11 p.m. and the report indicates Pendleton's blood alcohol level was tested at 11:28 p.m.
Pendleton has agreed to waive his right to trial and be convicted of Vehicular Homicide (non-aggravated) charges. Pendleton has also agreed to serve the maximum sentence authorized by law for Vehicular Homicide which is one year in jail. He will be given credit for the 174 days he's already served and will begin the remainder of his sentence effective immediately.
Dana Truijillo's girlfriend and mother gave emotional speeches during yesterday's plea hearing. Dana's mother noted the family will be filing for restitution.
During the rollover accident on January 29th, 38-year-old Dana Jean Trujillo of Riverton, was ejected and died at the scene. One other passenger received minor injuries. Read more on the background of this case here.