Birdsong Allocution Case 1 For Class 9/3/08


 This case involves a teenager  who was high on marijuana and pain pills when he killed two people in a car crash he caused while driving a Mercedes Benz.

Jacob Chubalashvilli, 17, admitted to police that he had smoked pot before the two car crash that claimed the lives of Ki Kim, 53 and his wife Kyekyung Kim, 52.  The tragedy occurred  on August 5, at 5:40 am at 69th Road and Central Avenue.  The Kims were   on their way to open their dry cleaning establishment.  The accident occurred two blocks from the cleaners.

Evidence revealed that Chubalashvilli was driving more than 60 mph along the eastbound service road when he sped around a car stopped at a red light and slammed into the Kims’ 2004 Acura. Further evidence showed that the Acura had the green light as it was heading west on 69th Road through the intersection and was catapulted into a light pole by the 2003 Mercedes.

Chubalashvilli was taken to the hospital where  police charged him with two counts of manslaughter and driving without a license.  While being questioned by the police at the hospital Chubalashvilli asked, “How is my Mercedes? That was supposed to be my car.”  He also told police “I was really f_ _ _ked up.  I had smoked pot.  I took my friend’s Mercedes. I was  speeding and popping pills.  I had about 12 pain pills.  I remember taking the car and jetting down the road and the next thing I remember is waking up in the hospital.” He never asked about the  condition of the people in the car he hit. He has two other open cases pending – one for robbery and another for jumping a subway station turnstile.

Chubalashvilli has decided to take a plea offer that will allow him to plead guilty to manslaughter charges and an attempted robbery charge.  He will be sentenced as an adult. The sentences will run concurrently.  The turnstile jumping charge will be dismissed.

At sentencing he could receive a total of up to 18 years in prison –  up to 15 years for the concurrent manslaughter charges and another 3 years on the attempted robbery.

We will use this case to help learn how to allocute.


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