Press Release
FOR IMMEDIATE RELEASE
Date: 08/13/2008

Contact person(s):

Media Coordinator, Hilary Moores - 565-3099 Media Spokesperson, Assistant District Attorney Christine M. Cook

Santa Rosa, Sonoma County, California

NO ADDITIONAL CHARGES IN
2005 VEHICULAR DEATH

District Attorney Passalacqua announced that there is not sufficient evidence to charge additional persons in the vehicular death of Michelle Krshul on Sept 9, 2005.

District Attorney Passalacqua said, “We were pleased to present sufficient evidence to a Sonoma County jury in 2006 to hold defendant Aguirre accountable for the tragic death of Michelle Krshul.  Regrettably, sufficient evidence has not materialized to charge the driver of the car that raced with Aguirre on the fateful night of her death.”

On November 9, 2006, a Sonoma County jury convicted Shawn Aguirre in the death of Michelle Krshul.  Ms. Krshul, seventeen years old at the time of her death, was driving her vehicle when she was struck and killed by Aguirre as he raced his truck with a Ford Mustang on West College Avenue in Santa Rosa on September 9, 2005.  Aguirre was found guilty of felony vehicular manslaughter with gross negligence and misdemeanor violations of engaging in a speed contest and reckless driving causing bodily injury.  On January 31, 2007, Aguirre was sentenced to four years in state prison by the Honorable Rene Chouteau.

The District Attorney’s Office has thoroughly reviewed all investigative reports to determine whether there is sufficient evidence to charge any other individuals connected to the Ford Mustang in this vehicular homicide.  After conducting a careful review of the reports and additional investigation, the District Attorney’s Office determined that there is not sufficient admissible evidence to support a conviction proving the identity of the driver of the Mustang engaged in the race with Aguirre’s vehicle, beyond a reasonable doubt.

Even if the prosecution sought a court order of immunity forcing a suspected accomplice to testify against a suspected driver, there must be additional independent corroborating evidence connecting the driver to the crime to support a conviction.  Because there is no such corroboration in this case, no charges can be filed in this case.  Before reaching this determination, the Office ensured that all potential investigative and other avenues for holding suspected individuals responsible were thoroughly exhausted.