Jason Christopher Durkee v. State
2015 WY 123
| Wyo. | 2015Background
- Feb 21, 2012: Durkee ran a red light, crashed, and Linda Gookin died; Durkee gave a blood sample that tested presumptively positive for amphetamine and methamphetamine.
- July 9, 2012: State charged Durkee with DUI (methamphetamine) and aggravated vehicular homicide (DUI or, alternatively, recklessness).
- Procedural delays and defense actions: Durkee waived a preliminary hearing, requested continuances, absconded (returned Jan 23, 2013), and multiple pretrial motions followed; the first case was dismissed without prejudice under Rule 48 on June 25, 2013, and refiled the same day.
- The Colorado lab destroyed Durkee’s blood sample one year after receipt (March 27, 2013); Durkee did not arrange preservation or independent testing before destruction.
- Trial began April 7, 2014 (approximately 637 days from initial charge). Jury convicted Durkee of DUI and aggravated vehicular homicide based on recklessness (acquitted on homicide-by-DUI theory).
- Durkee appealed, claiming Sixth Amendment speedy-trial violation; the Wyoming Supreme Court applied Barker v. Wingo balancing and affirmed convictions.
Issues
| Issue | Plaintiff's Argument (Durkee) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether Durkee’s Sixth Amendment right to a speedy trial was violated by ~637-day delay | Delay (~637 days) was presumptively prejudicial and impaired his defense (lost blood sample prevented independent testing; long delay overall) | Much of the delay was caused or consented to by Durkee (waiver, abscondence, continuances, pretrial motions); no showing of prejudice from loss of sample; State bore no deliberate delay | Court: Delay was presumptively prejudicial (triggers Barker), but balancing the four Barker factors shows no constitutional violation — affirmed. |
Key Cases Cited
- Barker v. Wingo, 407 U.S. 514 (1972) (establishes four-factor speedy trial balancing test)
- Berry v. State, 93 P.3d 222 (Wyo. 2004) (applies Barker factors in Wyoming)
- Harvey v. State, 774 P.2d 87 (Wyo. 1989) (government bears burden to justify delay; defendant not required to bring himself to trial)
- Ortiz v. State, 326 P.3d 883 (Wyo. 2014) (speedy-trial factor treatment; treatment of delays and defense responsibility)
- Mascarenas v. State, 315 P.3d 656 (Wyo. 2013) (one-year touchstone for presumptive prejudice under Wyoming precedent)
- Rhodes v. State, 348 P.3d 404 (Wyo. 2015) (discusses presumptive prejudice and docket-related delay weighting)
- Strandlien v. State, 156 P.3d 986 (Wyo. 2007) (loss of blood sample does not establish prejudice absent a showing alternative testing would change outcome)