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Insanity defense used in fatal car crash

Insanity defense being used in fatal car crash

FOUNTAIN, Colo. - It was an unforgettable scene last September at the intersection of Highway 85/87 in Fountain.

"Oh it was chaotic," said witness Cary Jordan.

"It's heartbreaking pulling up to the light and knowing that the family was just sitting there and fine and within a split second their lives are now turned upside down," said Rhonda Feldman who also witnessed the crash.

An accident that left Regina Steckler with only memories of her 13-year-old son, Jamie.

"This is all I have left of my son," Steckler told us back in November as she rifled through a book of mementos and pictures.

Memory is now being used as a part of the defense of the driver of the truck that barreled into the car last September.

"He had a traumatic brain injury from an IED in Iraq," said defense attorney Dennis Hartley.

Hartley entered a plea of not guilty by reason of insanity for his client, Andrew Marsh.

"He had no idea what was happening," Hartley said.

Hartley claims his client had a "dissociative episode" that had been previously undiagnosed before the accident.

"He got out of the shower and he was going to pick up his daughter…that was it.  He remembers nothing until he woke up on the gurney after the accident," Hartley said.

Hartley says a judge has ordered an independent psychiatric evaluation of Marsh to see if he indeed has a dissociative disorder.

Meanwhile, Steckler wants to see Marsh behind bars.

"My son isn't here because of his actions," Steckler said.

But Hartley insists while his client was driving the truck, he wasn't in control.

"Sometimes there are conditions over which we have no control and bad things happen," Hartley said.

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