Question
This case concerns the death of child on July 15, 2013. That afternoon, Defendant Jesus Verduzco, a Deputy with the Pima County Sheriff's Department, was
This case concerns the death of child on July 15, 2013. That afternoon, Defendant Jesus Verduzco, a Deputy with the Pima County Sheriff's Department, was driving his PCSD vehicle on Campbell Road. He struck and killed Xavier Sanchez, while responding to a non-emergency call. Deputy Verduzco claims that Xavier darted out in front of his vehicle, and that despite swerving and applying his brakes, he was unable to avoid hitting the child. Conflicting evidence exists suggesting Deputy Verduzco may have been speeding at the time of the collision. Prior to the collision, PCSD opened six driving-related Internal Affairs files on Deputy Verduzco, on matters not related to Xavier's death. These included using excessive speed on multiple occasions and failing to utilize lights and sirens when proceeding through a red light. Each incident was related to an emergency call and Deputy Verduzco was either exonerated or found to be justified in all cases, receiving a verbal or written response only twice. (1) Is this evidence admissible under Rule 406? Why or why not? (2) How does Rule 403 impact the admissibility of this evidence, if at all?
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