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Chattanooga: Vehicular homicide case set for trial after talks stall
Despite efforts to strike a plea bargain in recent weeks, a young man accused of killing two people in a drunken car crash is scheduled to stand trial Jan. 20.
Dennis Neal Bizzoco is charged with two counts of vehicular homicide and faces eight to 12 years in prison for each death if convicted by a jury.
Mr. Bizzoco, 22, also is charged with two counts of vehicular assault, two counts of reckless aggravated assault and two counts of driving under the influence, according to the indictment.
Defense attorney Lee Davis arrived in court Thursday morning hoping he and the prosecution could work out a deal for Mr. Bizzoco, who was severely injured in the crash that killed his 19-year-old friend Michael Bodifer and injured the two other passengers in his car.
The driver of the second vehicle, 67-year-old Jerry Martin, also was killed in the June 14, 2006, wreck.
“We’d had candid and open discussions (with the prosecution), hoping it could be resolved, but it appears the only way this case is going to be resolved is to go to trial,” Mr. Davis said.
Assistant District Attorney Jay Woods, who prosecutes all Hamilton County DUI and vehicular homicide cases, confirmed that both sides could not reach an agreement as to what Mr. Bizzoco’s punishment should be if he does not stand trial.
Mr. Woods declined to comment on the nature of the deal Mr. Bizzoco could have received, but he said plea bargains in most vehicular homicide cases involve jail time.
“This kid’s really young, and I’ve got to consider that,” Mr. Woods said. “But at the same time, he killed two people.”
According to police records, Mr. Bizzoco was driving a 2000 Mitsubishi Montero south on Mountain Creek Road, lost control and struck Mr. Martin’s 2002 Lexus RX300 head-on.
“These kinds of cases are hard, hard, hard on everyone,” Mr. Davis said after appearing before Hamilton County Judge Don Poole to set a trial date. His client, he said, is “terrified.”
Although the defendant and his family declined comment on advice from their attorney, Mr. Bizzoco said in court that he is “doing great” when Judge Poole expressed concern for his well-being.
Judge Poole increased Mr. Bizzoco’s bond last fall when he and three others were found passed out in a gymnastics training facility in Catoosa County, Ga., with several beer cans and a bottle of liquor. Mr. Bizzoco spent part of his 21st birthday in jail as a result of the incident.
“I cannot fathom Mr. Bizzoco getting himself in this situation while facing very serious charges,” Judge Poole said at the time.
Mr. Davis said his client now has a job, has finished rehabilitation and continues to abide by the court’s order to stay away from alcohol.
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