Oklahoma County sheriff's deputies are searching for a Midwest City man wanted in connection with an April DUI accident that left three people dead, includinga toddler.
On September 1, Oklahoma County District Judge Russell Hall issued a warrant for the arrest of David Steven Blair II, 35, who is accused of driving recklesslyand being under the influence of multiple drugs when he drove into oncoming traffic on I-35 in Edmond, causing an accident that killed a father andhis 2-year-old daughter as well as Blair's passenger.
The accident occurred around 1:00 in the afternoon on April 17, when Blair was driving an SUV northbound on I-35. Witnesses say he was speeding in therain, swerving in and out of traffic, and using the grass median to pass other vehicles. Eventually, the vehicle drove through a cable barrier andcontinued for about 200 feet in the median before emerging into the southbound lanes, where he continued to drive into oncoming traffic.
Blair's vehicle collided with a minivan driven by a 43-year-old Oklahoma City father. The wreck killed the man and his young child. Blair's passenger,a 44-year-old woman, was also killed in the crash.
Investigators say a drug screen taken subsequent to the crash revealed the presence of marijuana, PCP, and benzodiazepine in Blair's system. Benzodiazepinesare a class of psychoactive drugs that include brand names like Xanax, Valium, Klonopin, and Ativan.
In addition to the warrant for second degree murder charges, Blair is also wanted on an outstanding warrant for assault and battery with a dangerous weapon.In that case, investigators say the man intentionally rammed his vehicle into the back of another vehicle.
Generally, causing a fatal DUI accident is charged as first degree manslaughter if it is a person's first DUI, and second degree murder if the crash isa person's second or subsequent DUI. This is because a first offense of DUI is a misdemeanor and a second offense is a felony.
However, in this case, the arrest warrant for the suspect shows that he is charged with "depraved mind" second degree murder--not because the act was committedin the commission of a felony, but because of the dangerous, reckless, and "depraved" nature of the acts which led to someone else's death.
Second degree murder is defined by state law in 21 O.S. 701.8:
Homicide is murder in the second degree in the following cases:
1. When perpetrated by an act imminently dangerous to another person and evincing a depraved mind, regardless of human life, although without any premeditated design to effect the death of any particular individual; or
2. When perpetrated by a person engaged in the commission of any felony other than the unlawful acts set out in Section 1, subsection B, of this act. [Anyfelony not specified as resulting in first degree murder charges if a death occurs in the commission or as a result of the commission of the act]
Second degree murder is punishable by 10 years to life in prison. As an 85% crime, it requires anyone convicted to serve a minimum of 85 percent of thesentence before becoming eligible for parole.
According to the Oklahoma Department of Corrections, Blair was convicted of several crimes, including first degree robbery, and was sentenced to 10 yearsin prison plus 10 years probation in 2007. He was incarcerated from March 2007 until June 2013, and he remains on probation until March 2027. However,facing three counts of second degree murder could send him back to prison for much, much longer.
