Woman agrees to plea deal in deputy's death
Monday, November 12, 2007 9:44 AM CST
PAPILLION, Neb. - An error in the handling of blood evidence will let a Papillion woman escape drunken-driving charges in an accident that killed an off-duty sheriff's deputy.
The woman, 27-year-old Heather Henning, had been charged with felony motor vehicle homicide by drunken driving and a misdemeanor DUI charge. She faced up to 20 years in prison and the possible loss of her driver's license.
Instead, Henning last week agreed to felony motor vehicle homicide by reckless driving and misdemeanor reckless driving. She now faces up to five years in prison on the homicide charge, 90 days for reckless driving.
Henning was arrested the night of May 13.
Authorities say the off-duty Douglas County deputy, Shad Nicks, 36, of Omaha, was riding his motorcycle on U.S. Highway 6 near Gretna when he was struck nearly head-on by Henning's Oldsmobile.
Nicks died at a hospital. Henning was treated for minor injuries, then arrested.
Last week lawyers learned that a blood sample taken from Henning was improperly marked. Prosecutors said the Nebraska State Patrol trooper who arrested Henning put only her name on the blood tube, but not the date or his initials.
Sarpy County Attorney Lee Polikov said because of that failure, the blood evidence could not be admitted at trial. It had tested out at more than twice the legal limit.
That's stretching it a bit much for me.