By Edith Brady-Lunny
The Pantagraph
SPRINGFIELD, Ill. — The reckless-homicide conviction of a semitrailer truck driver accused of killing Hudson firefighter Chris Brown in a 2013 crash has been reversed by the 4th District Appellate Court.
In its ruling issued Wednesday, the court found that the state’s evidence against Mansur Shakirov fell far short of proving beyond a reasonable doubt that he caused the death of the 39-year-old Brown. The truck driven by Shakirov struck and killed Brown as he and other emergency workers were responding to an accident on an icy stretch of Interstate 39.
“The best that can be said of the state’s case is that defendant may have been inattentive for a few seconds (perhaps adjusting his radio or engaging in some similar activity) and then failed to realize the left lane was blocked as he unsuccessfully attempted to brake his huge semi at night on an icy highway in blowing snow,” said the ruling.
Shakirov’s lawyer Chris Gramm said Wednesday, “We argued from the beginning that this was nothing more than a tragic accident. We’re glad the appellate court affirmed that.”
Shakirov, who was 29 and living in Spokane, Wash., at the time of his 2014 conviction, has completed his four-year prison term. The reversal of his conviction and sentence would remove the felony from his record and clear his name, said Gramm.
McLean County State’s Attorney Jason Chambers said: “By all accounts this was a tragic accident that everyone wishes had not happened. The issue was whether it crossed the line from a negligent accident to a reckless accident.”
The prosecutor said his office will review the ruling and consult with the state appellate prosecutor’s office to determine if the state Supreme Court would be asked to review the decision.
The conviction followed an emotional trial where fellow firefighters testified about the crash that claimed the life of the career Bloomington firefighter who was serving as a volunteer for the Hudson department when he was killed.
Brown left a wife and two young sons.
The appellate court ruled that jurors should not have heard evidence about Shakirov’s violation of a federal rule that requires drivers to rest after being on the road a maximum of 14 hours each day. The violation that occurred the day before the crash was irrelevant, said the opinion.
The court concluded that “this record contains not a shred of evidence that defendant was fatigued at the time of the accident.”
Another shortfall in the state’s case was the lack of expert testimony on the noise witnesses would have heard as the truck approached Brown, who was standing on the highway when he was struck. What jurors may have known from their experience about the sound of squealing tires on dry pavement should not have been part of their decision-making process in this case, said the court.
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