Pointing to new DNA evidence, a lawyer is asking Stearns County in Minnesota to dismiss charges against a man accused in a deadly drunk driving car accident because tests now appear to show the passenger in his vehicle was driving the GMC Hummer SUV that killed a 19-year old last summer.
Timothy Rausch, 30, told authorities at the scene of the the deadly car crash that he swerved on County Road 17 to avoid a deer before hitting and killing Ryan DeZurik on August 16, 2009. Rausch, and his passenger, Eugene Rivetts, were outside of the GMC Hummer before the investigating police officers arrived to investigate.
Rausch, who had no previous criminal record, had a blood alcohol level of .346 and was charged with vehicular homicide. Rivetts has a lenghty criminal history and the Hummer was registered to this wife.
Rausch’s lawyer, Tim Beito, stated that blood and human tissue samples from the deployed airbag show that Rivetts was driving the Hummer at the time of the collision. Rivetts has not been charged, but Assistant Stearns County Attorney Will Brost said that “We are engaged in conversations to get this resolved.”
According to Beito’s motion, a detective who obtained a search warrant “reveals that his own belief is that Eugene Rivetts, not Timothy Rausch, was the actual driver of the vehicle.”
Ryan DeZurik was driving home from his grocery store job in St. Cloud, just a few minutes from his home in Holdingford, when the Hummer rand over his 1990 Toyota Corolla and was instantly killed him. His mother, Sherrie DeZurik, said that she believed all along that Rivetts was driving.
“We’re willing to be patient and this confirms what we’ve already suspected,” she said.