The Free Press, Mankato, MN

Talkers

May 3, 2012

Senser guilty on two counts of vehicular homicide

— A Hennepin County jury has found Amy Senser guilty on two of three felony counts in her trial on vehicular homicide charges

Senser was driving a Mercedes-Benz SUV that struck and killed Anousone Phanthavong, 38, on an Interstate 94 exit ramp on Aug. 23, 2011.

She was facing three counts of criminal vehicular homicide from the incident: for leaving the scene of a crash, for failing to notify authorities in a timely manner and for gross negligence.

Senser's trial began on April 23. On Monday, she took the stand.

On the evening of the crash, Senser testified she had planned to join her teen daughters and two of their friends at a Katy Perry concert at the Xcel Energy Center in St. Paul, but said she decided to leave at 10:45 p.m. because she did not feel well. On the way home to Edina, Senser said she felt better and decided to return to St. Paul to pick up the four girls.

As she exited I-94 on the Riverside Avenue exit, Senser said she was looking to her left, away from the side of the ramp where Phanthavong was putting gas in his Honda Accord. The Accord's hazard lights were on.

The collision with Phathanvong occurred just after 11 p.m.

Senser described 'being jolted' by the impact and assumed she had hit a pothole or piece of construction equipment.

According to mobile phone records, Senser called one of her daughters at 11:08 p.m. But Senser said she was not using her phone at the time she struck Phanthavong.

"I just never saw him," Senser said, and broke down sobbing.

A Minnesota State Patrol accident reconstruction expert testified that about 40 percent of Phanthavong's body would have been visible over the hood of Senser's SUV. Phanthavong flew 40 to 50 feet from the impact. A driver safety expert called by the defense argued that it would have been difficult to see Phanthavong in the dark.

Joe Senser testified he became concerned after seeing a television news report of the fatal crash and noticed damage to the SUV.

On the day after the accident, the Sensers retained a lawyer, who turned the SUV over to the State Patrol.

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