Driver retried in death of daughter

0 Comments | Gazette, The (Colorado Springs), Mar 1, 2006 | by DENNIS HUSPENI THE GAZETTE

A second trial began this week for a man accused of causing the death of his 6-year-old daughter in a drinking-related traffic crash.

Peter Weinreich, 35, appeared in court Tuesday. He remains in custody on $500,000 bond. He was convicted in 2002 of reckless child abuse resulting in the death of Jade, 6, and reckless child abuse resulting in injury to her twin sister, Blake.

The state Supreme Court tossed out the abuse-resulting-in-death conviction and 26-year prison sentence because jurors had received an outdated child-abuse instruction.

The crash was on July 29, 2001, near Garrett Road and Sunset Trail in El Paso County. Weinreich's eastbound Subaru clipped a Ford Explorer that was starting to turn left as the Subaru attempted to pass, according to Colorado State Patrol reports. The Subaru flipped twice, throwing Blake from the car. Jade was pronounced dead at the scene. The girls were in Weinreich's lap and weren't wearing seat belts.

Jurors Tuesday were shown graphic photos of the crash scene, including Jade's body, during the testimony of investigator Trooper Chris Warren.

Weinreich removed his glasses and looked down at the table as the pictures were shown. He pinched the bridge of his nose and appeared to squeeze back tears.

In the first trial, prosecutors presented evidence showing Weinreich had a blood-alcohol content of .086 about 90 minutes after the crash. The level at which a driver was presumed to be drunk in Colorado was .10 in 2001. It has since been lowered to .08. Weinreich had three prior convictions for driving while intoxicated or impaired.

The first trial lasted about two weeks.