BISBEE — Toxicology tests for a woman accused of causing the death of another motorist this past summer are still unavailable, and the date for the defendant’s speedy trial is fast approaching, her attorney said Friday.
Debra Charlotte Franco is in custody at the Cochise County Jail on $50,000 bond, charged with reckless manslaughter and negligent homicide in the death of Jesus Campoy of Douglas, on Aug. 31, 2019.
Authorities say Franco, of New Mexico, took a wrong turn onto State Route 80 from Highway 90, and as she was attempting a U-turn, Campoy hit her vehicle. The impact sent Campoy into a guardrail and across the roadway. Campoy’s car was then struck by another motorist, killing Campoy instantly. The other driver was injured, police said.
Authorities drew a blood sample from Franco to determine if there were any drugs or alcohol in her system, but the results of that test still have not been completed.
But if the toxicology results are not returned by the time Franco’s speedy trial date comes around — Feb. 13 — her attorney David Wilkison said he will ask that the charges be dismissed.
“If they have a trial without the toxicology results, I’ll win,” Wilkison said.
At a pretrial hearing Friday, Superior Court Judge Laura Cardinal was frustrated that the toxicology results have not been returned. She looked at a handcuffed Franco and told her, “You’re entitled to a speedy trial.”
The judge also said she had no motions from the attorneys to continue the trial. She mentioned that Campoy’s family members, who were in the audience Friday, had been attending all the hearings and still had no answers.
“Someone needs to go to the state lab and find out what’s going on,” Cardinal said, turning to the prosecutor.
Another pre-trial hearing in the case has been set for Jan. 22.