HUTCHINSON. Kan. — The decision by Judge Trish Rose to suppress the blood evidence in a case against a 42-year-old Halstead man charged with involuntary manslaughter will be before the Kansas Court of Appeals this week.
Judge Rose granted the defense motion in the case against Troy Meitler. His attorney Greg Bell had argued in a previous hearing that law enforcement didn’t have consent from the defendant to take blood while he was at a Wichita hospital because he was unconscious. The state argued that the Highway Patrol troopers took the blood citing state statute that requires blood be taken when there is an accident resulting in serious injury or death. They are appealing the decision by the judge.
This case against Meitler is a result of a fatality accident back on February 10, 2011. In addition to the manslaughter charge, he also faces trial on charges of aggravated battery and DUI.
Meitler apparently crossed the center line with his vehicle and struck the vehicle driven by 49-year-old Brian Bush head-on. Bush was killed instantly, while 50-year-old Annette Bush who was a passenger was badly injured and taken to a Wichita hospital where she later died, but apparently not as a direct result of the accident. The accident occurring on U-S 50 at Salem Road, 3-miles west of Abbyville.
Bell had cited a recent Appeals Court decision where a woman refused to give blood after a fatality accident and law enforcement forced her to give blood anyway. In this case, Meitler was unable to give consent and the state argues that troopers had a good faith belief that under “implied consent,” a person unable to give or deny consent because of being sedated or for some other reason automatically gives consent.
Judge Rose said in her opinion that the state had the burden to validate a warrant-less search by fitting it into one of the recognized exceptions and believes they failed to do so.
The states appeal of her decision is before the Kansas Court of Appeals on Wednesday morning.