ORONO, Minn. — Lawyers for the man charged in an Orono car crash that killed 20-year-old Mack Motzko and 24-year-old Sam Schuneman last year are asking the judge to dismiss the third-degree murder charges.
James Blue, 51, is charged with two counts of third-degree murder and four counts of criminal vehicular homicide. Blue was initially charged last August for driving drunk in the fatal July crash.
According to the documents filed Monday by Blue's legal team, the third-degree murder charges should be dropped because "lack of probable cause and because they amount to an abuse of prosecutorial discretion."
Blue's attorneys say the criminal vehicular homicide charges are far more specific and encompass their clients alleged actions, while third-degree murder charges are too general in their application. They also argue that allowing third-degree murder charges would allow the state to subject Blue to a higher penalty than the statute that actually applies.
The criminal complaint says that on the night of July 24, 2021, officers were called to the 3100 block of North Shore Drive in Orono.
Officers say Schuneman was found dead in the front seat, while Motzko, who was sitting in the back seat, was taken to the hospital and later died from his injuries. The complaint says both were wearing seatbelts.
Police say Blue was ejected from the vehicle and was found hurt but conscious on the ground about ten feet from the car.
The complaint says Blue told responding officers that he was "sorry," and said he had been drinking and was "guilty." Blue was taken to the hospital and later turned himself in after being treated for his injuries.
A witness, who the complaint identifies as Motzko's sister and Schuneman's girlfriend, told authorities that Blue had been hosting a party at his house and offered to show the young men his Bentley.
The complaint says THC gummies and crushed-up pills were found in Blue's pockets by hospital staff, and witnesses told authorities they saw him drinking during the party. The initial complaint stated his blood alcohol content was found to be 0.175%, over twice the legal limit. In the most recent court document, standard extrapolation indicates he was at around .2% at the time of the crash.
According to the complaint, "preliminary analysis" of the car found it was driving between 94 and 99 miles per hour during the crash, in an area with speed limits no higher than 45.
