Jury trial set for Atwater detective charged with DUI

A September trial date has been set for an Atwater police detective charged with drunken driving and leaving the scene of a crash in 2013.

Detective Lisa Howard has pleaded not guilty to the charges in connection with a 2013 vehicle crash on Augusta Lane in Atwater. Howard was off duty at the time.

The case has been delayed numerous times over the past two years. It was further hampered earlier this year when a key witness in the case, Officer David Sarginson, was badly injured in an unrelated on-duty car accident.

Sarginson has not been medically cleared to return to duty, which has also prevented him from testifying. Judge Paul C. Lo has granted multiple extensions in the case while Merced County prosecutors determine whether Sarginson’s testimony will be part of the case they eventually present to a jury.

Howard reinstated her right to a speedy trial earlier this year – at least several months before Sarginson was injured, according to her attorney – and has expressed a desire to proceed to trial.

The judge on Wednesday ordered both sides to return to court Sept. 15 for another hearing that will determine whether Sarginson can testify in some capacity.

“We’re hoping he can (testify) outside of the jury trial, in the presence of a judge and the defense while having his medical needs accommodated,” said Sara Rosenthal, the deputy district attorney prosecuting the case.

Sarginson appeared in court Tuesday and spoke with the judge and the attorneys in the judge’s chambers. Exactly what was said was not clear and the judge issued a gag order to protect Sarginson’s medical privacy.

“Based on new information, we’re asking the judge to reconsider the conditional examination,” Rosenthal said.

A jury trial is tentatively set for Sept. 29.

Howard is charged with crashing her personal vehicle Aug. 1, 2013, on Augusta Lane and leaving the scene, according to police reports.

Sarginson, in his report, said Howard told him she planned to tell CHP officers she started drinking after the crash when she arrived home. Sarginson noted in his report that he did not see any bottles of alcohol in her home.

Howard has been on paid administrative leave since the incident. Police Chief Frank Pietro has called it the longest period of leave he’s dealt with in his career and said it has hampered the understaffed Police Department.

This story was originally published August 12, 2015 at 6:31 PM with the headline "Jury trial set for Atwater detective charged with DUI."