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Updated: 08/06/2013 7:53 AM
Created: 08/05/2013 12:11 PM KSTP.com | Print |  Email
By: Kate Renner

Blood Test is Usable in Criminal Vehicular Homicide Trial

A Hennepin County judge's ruling allows the blood test taken from Jonathan Markle the night his vehicle went through the ice on Lake Minnetonka to be used in the trial against him.

Markle's defense attorney tried to suppress the evidence, which showed Markle's blood alcohol content was at 0.13, since a search warrant was never obtained.

Markle faces trial this month, accused of driving drunk and killing his daughter.

Forty-one-year-old Jonathan Markle is charged with criminal vehicular homicide. Authorities say his 8-month-old daughter, Tabitha, was trapped under water for 15 minutes back in January on Lake Minnetonka after the SUV she was in fell through the ice; she died three days later.

A recent Supreme Court ruling found authorities must have a search warrant to take blood samples from suspected drunk drivers. But the Hennepin County judge said this case was an exception, due to it being an accident, the search and rescue effort took time and it was not practical for the sheriff's deputy to get a warrant.

Markle's blood alcohol content will likely be the key evidence the prosecution uses against him.

Jury selection for his trial will begin in a couple weeks.


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