Thread: Trial set for illegal immigrant linked to death of 8-year-ol

http://www.decaturdaily.com/decaturdail ... rial.shtml

Trial set for illegal immigrant linked to death of 8-year-old


By Sheryl Marsh
DAILY Staff Writer
smarsh@decaturdaily.com · 340-2437

The murder trial of an illegal immigrant, who authorities allege caused a child's death in a traffic accident a year ago, is set for Monday in Morgan County Circuit Court.

The district attorney's office plans to try Arturo Lupian for the May 2, 2004, death of Amber Merkl, 8.

Authorities allege that Lupian's vehicle struck the rear of a sport utility vehicle in which Amber was a passenger.

At the time, police said Lupian, 21, had a blood-alcohol level of .11, three points higher than the state's legal limit.

Circuit Judge Glenn Thompson denied Lupian's petitions for a bond. Lupian's attorney argued that he was entitled to a bond because the state did not charge him with capital murder.

Usually defendants facing felony murder charges may be eligible for a bond; however, at the time, Thompson said a judge may not allow a bond if the defendant is a danger to the public or a flight risk.

Lupian moved here from South Dakota and had a Tennessee driver license. Authorities determined that he is in this country illegally. Prior to the fatal accident Lupian was a construction worker.

Lawyers will select a jury Monday.

Usually defendants facing felony murder charges may be eligible for a bond; however, at the time, Thompson said a judge may not allow a bond if the defendant is a danger to the public or a flight risk.

Finally a judge with some common sense. More should follow his lead but won't.