Accident Animation Admissibility Disputed In Temple Fatal Street - KXXV-TV News Channel 25 - Central Texas News and Weather for Waco, Temple, Killeen |

BELL COUNTY

Accident Animation Admissibility Disputed In Temple Fatal Street Racing Trial

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BELL COUNTY -

The trial in the case of the teen charged with street racing that led to a fatal accident in Temple has ended its third day of proceedings.

Today the defense called in a crash expert whose accident reconstruction animation of the wreck was deemed invalid and not credible by the prosecution.

The prosecution argued that the animation was not accurate because they said it disregarded certain key facts and report data surrounding the wreck, while the defense claimed that it showed where Kevin Rogers stopped at the time of the wreck, and that it's proof he wasn't driving at speeds of up to 88 miles per hour matching Erik Mungia-Trejo.

In his written statement, Rogers did admit that he and Trejo had been racing along Blackland Road in Temple, but he has also maintained that the race was over by the time Trejo collided with Nelly Velasquez and her family on Little River Road killing her two babies.

All of the day's proceedings happened outside the presence of the jury where it was ultimately put in the judge's hands as to whether the animation would be admissible as evidence in court.

The defense expert testified that he used witness testimonies, written statements and information taken from the black box of Trejo's vehicle as data in constructing the computer animation of the wreck.  The prosecution then tried to discredit the animation claiming that the expert hadn't used all the facts surrounding the wreck and that he had relied much on his own assumptions in his recreation.

The expert then explained that the reason he didn't use all of the information gathered after the collision was because some of it was illogical and misrepresented where Rogers could have possibly been at the time the accident took place.

The judge has yet to make a determination as to whether that accident animation can be used as evidence in the trial, but a decision is expected to be announced by tomorrow morning when the jury will return to hear the remainder of the trial.

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