Posted on 08/05/2003 6:43:38 AM PDT by MeekOneGOP
Ex-Cowboy's hit-run trial starts this weekJury selection gears up; Goodrich is facing two manslaughter counts
08/05/2003
Half of Shuki Josef's body was wedged inside the burning car as he tried to free a trapped motorist that pre-dawn morning in January.
The 38-year-old Israeli immigrant said he was raised to help others, but now he questions why he ever pulled over on the interstate and got involved in the desperate roadside scene.
The one-time boutique hairdresser now walks only with the help of a walker and scarcely leaves his home. His leg remains in a cast, and he requires pain medication after his most recent surgery less than a month ago.
"I can't sleep at night," he said. "I don't need to dream about it. I still see it 24 hours a day."
Eight months after the hit-and-run accident, the trial of the man accused of striking Mr. Josef and hitting and killing two other good Samaritans is gearing up.
Demont MatthewsFor Mr. Josef and relatives of Joseph "Joby" Wood and Demont Matthews, the manslaughter trial for former Dallas Cowboy Dwayne Goodrich is an early milestone in their recovery.
The former backup cornerback for the Cowboys has been indicted on three counts of failing to stop, two charges of manslaughter and one of aggravated assault. Prosecutors have chosen to pursue only the two manslaughter charges at this trial.
Prosecutors and defense attorneys will pick a jury this week and plan to start testimony Monday.
Joby WoodMr. Goodrich's attorney, Reed Prospere, and prosecutors involved in the case have declined to discuss the incident in the weeks leading up to the trial.
Dallas defense attorney Tom Mills, who is not directly involved in the case, said Mr. Goodrich's former status as a professional football player and the media attention the case received will probably have to be addressed during the jury selection process. With an initial pool of 80 prospective jurors, picking a dozen for the panel should not present a problem, he said.
"I think the defense will have to question the jurors about whether they have preferences or preconceived notions about Cowboys or celebrities," he said.
If convicted, Mr. Goodrich faces two to 20 years in prison for each of the second-degree felony charges. He is eligible for probation if the prison sentence is 10 years or less.
Standard for 'guilty'
To reach a guilty verdict, jurors must decide that Mr. Goodrich acted recklessly as he drove toward his Coppell home on northbound Interstate 35E about 2 a.m. Jan. 14. Legally, manslaughter occurs when someone recklessly disregards the possible consequences of dangerous behavior.
According to police reports and witnesses, several vehicles had stopped to help the motorist whose car had caught fire after a collision with a tractor-trailer near the Merrill Road overpass.
Mr. Josef was driving home with his wife after an evening visiting friends. Mr. Wood and Mr. Matthews were traveling together when they saw the car ablaze and ran to help.
The smallest of the three, Mr. Josef offered to crawl inside the burning car to try to free the man. He had one leg on the freeway shoulder and the rest of his body inside the car trying to pull the man out as a silver 2002 BMW 745 approached.
Dwayne GoodrichWitnesses said that other motorists saw the flames or the blinking lights from other stopped vehicles but that the BMW seemed to be going 100 mph or more. Mr. Goodrich told police he was traveling about 75 mph.
Witnesses said the BMW's brake lights illuminated only for a moment before it veered up onto the freeway median to go around the rescue scene.
The car crashed through the open driver's side door, striking Mr. Josef's exposed leg. Mr. Wood, 21, was struck and thrown from the car. Mr. Matthews, 23, was dragged about 150 feet. Both died from injuries they received. The trapped motorist was not seriously injured.
The BMW was gone as suddenly as it appeared, but not before witnesses got a description of it for police investigators.
Goodrich statement
In his statement to police, Mr. Goodrich, 25, said he thought he had only hit debris and did not stop because he "panicked." He went to his Coppell home and at some point called his mother, his agent and his attorney.
Mr. Goodrich had spent nearly two hours at the Silver City Cabaret, a private club and topless bar, before the wreck. Mr. Prospere has denied that his client was drunk at the time of the wreck.
A call to police led investigators to Mr. Goodrich. Detectives spoke with him in the presence of his attorney and obtained a written statement later that afternoon. He was arrested about 10:30 p.m.
Mr. Wood's mother, Laura Wood, said she believes authorities gave him special treatment in allowing him to turn himself in rather than be arrested immediately after giving his voluntary statement to police.
Mr. Mills said such treatment is not uncommon. Attorneys often arrange such surrenders, and police agree to it when someone is not considered a flight risk, he said.
Lawsuits related to the case have been filed by Mr. Josef and relatives of the two victims. Their progress is stalled until the criminal cases conclude, attorneys said.
Ms. Wood said that coping with her son's death has not gotten any easier in the eight months that have passed. Her 2-year-old grandson, Joseph Jr., is now in her care and still asks about his father.
"It's hard to accept that your child is dead. ... It's like it just happened yesterday," she said.
Mr. Mills said that if the trial results in a guilty verdict, he expects to see Mr. Goodrich testify on his own behalf during the punishment phase.
"I can't imagine never having him testify in this case," he said. "The more you can humanize him to a jury, the better off you are."
E-mail rtharp@dallasnews.com
Online at: http://www.dallasnews.com/latestnews/stories/080503dnmetgoodrich.40100.html
Previously posted article on this story:
Former Cowboy sentenced in double fatal hit-and-run
Associated Press
DALLAS -- Former Dallas Cowboys defensive back Dwayne Goodrich was sentenced Tuesday to 7½ years in prison and fined $20,000 in the hit-and-run deaths of two good Samaritans.
Goodrich was convicted Friday in the deaths of Joby Wood, 21, and Demont Matthews, 23, both of Plano, who were hit by his BMW as they were trying to rescue a motorist from a burning car on Jan. 14 on Interstate 35.
Goodrich was originally charged with manslaughter, but convicted of the lesser offense, considered a state jail felony.
Deliberations began late Monday afternoon and jurors were sequestered for the night after ending deliberations in the evening. They resumed about 9 a.m. Tuesday.
Goodrich showed no emotion as the verdict was read.
Laura Wood, Wood's mother, told Goodrich, "I truly believe in my heart that night you were drinking ... I believe you were racing. I believe with your competitive nature as a football player you were determined to win that race. I believe you saw my son's head in your windshield that night and the blood splatter all across the car.
"Every time you look at your child and grandchild, think of the pain you put my grandchild through. Every time you look at your mother, remember my pain because my pain will never go away."
Delores Matthews, mother of the other victim, said: "Mr. Goodrich, you can't bring my son back to me. You killed two innocent children. I know you know you did it. I don't understand why you can't say you did it."
Prosecutors had asked jurors to sentence Goodrich to 10 years in prison for each of the two charges, the maximum punishment since his case was enhanced to become a third-degree felony because his speeding car was considered a deadly weapon.
"How can 10 years be too long a price, a sentence, for the death of a couple of heroes of our generation," argued prosecutor Fred Burns.
Jurors were told Monday that probation wasn't an option for Goodrich.
Originally charged with manslaughter, Goodrich was convicted Friday of the lesser offense, considered a state jail felony. By law, jurors cannot consider probation for state jail felonies.
Goodrich's defense attorney Reed Prospere accused prosecutors Monday of relying on a glitch in the law to deny jurors the option of sentencing Goodrich to probation. Prospere asked jurors to feel free to withhold their vote, which would cause a mistrial. All 12 jurors must agree on a punishment before it can be ordered.
"You don't have to vote. It's that simple," Prospere told jurors. "The fact that the law's stupid and doesn't make sense doesn't mean you have to follow along like a lemming."
Goodrich, 25, told jurors last week that he didn't see the pre-dawn accident scene because a sport utility vehicle in front of him blocked his view. He had testified he slammed on the brakes when he came upon a stalled vehicle in the road and was forced to swerve to the left, fatally hitting Wood and Matthews and injuring another man.
Goodrich said he originally believed, or hoped, he had hit debris, but his reaction was to flee the scene. He surrendered to law officers hours later after contacting his mother and his attorney.
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Such a tragic story. Lives destroyed and ended for no reason.
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