DELHI _ A Margaretville woman who was involved in a fatal accident Dec. 13 appeared in Delaware County Court on Monday for hearings to suppress the results of a DWI blood test and statements she made the night of the incident.
Christine C. Arnao, 45, pleaded innocent in June to misdemeanor charges of aggravated DWI and a second DWI charge. The aggravated charge comes from allegedly having a blood-alcohol content of .18 or more.
According to New York state's Department of Motor Vehicles website, no person may legally operate a vehicle in the state with a blood-alcohol content of 0.08 percent or more.
Delaware County Judge Carl Becker ruled Arnao was properly given DWI and Miranda warnings, and she voluntarily consented to having her blood drawn at O'Connor Hospital in Delhi.
Jon J. Church, 31, died after he wrecked his vehicle on state Route 28, crawled out onto a roadway and was struck by two passing cars.
The first car was being driven by Arnao as she headed south toward Margaretville from Andes. Trooper Mathew Burkert said Arnao struck Church and stopped her vehicle. The second was driven by Jermaine Campbell, 21, of Kingston, who did not stop driving. Delaware County District Attorney Richard Northrup said Campbell turned himself in the following day after hearing about the accident.
Burkert said that, when he arrived at the accident site and asked what happened, Arnao repeatedly said: "I didn't kill him. I didn't kill him."
Burkert said Arnao had poor motor coordination, slurred speech and he noticed a strong odor of alcohol. He also said he administered field sobriety tests that Arnao failed.
Trooper Douglas Marschilek said he took Arnao into custody and gave her a Breathalyzer test that had a positive reading. He said he then took her to O'Connor Hospital for a blood test.
Arnao said she had been at a Christmas party at the Andes Hotel with co-workers. She said she left about 10 p.m. to go home.
Marschilek said Arnao said she had four glasses of wine.
Arnao's attorney, James Hartmann, questioned Marschilek about whether Arnao was under arrest Dec. 13 after the accident occurred.
Marschilek said Arnao was arrested that night but was not processed until after the grand-jury indictment in June.
Church, who was pronounced dead at the scene by Delaware County Medical Examiner Dr. Richard Ucci, died from blunt-force trauma, Lt. James Land of state police headquarters in Sidney said previously.
Northrup said he presented the case to a Delaware County grand jury during an all-day session, but the grand jury opted not to indict for any manslaughter charges.
Northrup said Arnao was also distracted by the lights of Church's car, which were at a 45-degree angle in the ditch, and the flashing lights on the car that was stopped in her lane.
Northrup, who said he visited the scene of the accident, said it was a dark night, and Church was dressed in dark clothing.
Arnao was released on her own recognizance to await trial.
