Amy Senser charged with felony criminal vehicular homicide
Amy Senser's mugshot after her arrest this morning.
As the family of Anousone Phanthavong looked on, Hennepin County Attorney Mike Freeman announced that his office is charging Amy Senser with felony criminal vehicular homicide.
But the short, one-page criminal complaint yields far more questions than answers.
"The investigation is not yet complete," Freeman said. "Right now, in the file, there's sufficient evidence to charge."
According to the complaint Anousone Phanthavong was returning from work at True Thai when his Honda Accord ran out of gas at the onramp to 94-E. As he was walking to the car carrying a blue gasoline tank, he was struck on his right side by a vehicle that did not stop to assist him. The complaint says Phanthavong's body was forty feet in front of his car and that he'd been thrown out of his shoes. The 38-year-old chef was declared dead on arrival.
Strewn around the scene were several bloody car parts, including a headlight from a Mercedes.
County Attorney Freeman on the lawn of the downtown government center.
Working through their attorney Eric Nelson, the Senser family contacted state troopers the next day and turned over their Mercedes ML350. It was found in the Senser's garage with blood still on the hood. The complaint says the passenger side had a broken headlight and fog light, and the fender was also dented.
Ten days after the accident, Amy Senser released a statement to authorities admitting she was the driver. Other than that confession, she has since invoked her 5th amendment right not to incriminate herself.
Today it was revealed that Senser is facing a single count of felony criminal vehicular operation, which comes with a maximum sentence of 10 years in prison or a $20,000 fine. She turned herself in earlier today, but has already posted bail.
Freeman declined to comment on whether alcohol was involved in the accident, saying the investigation is incomplete. Despite speculation that Amy Senser may be taking the fall for one of her daughters, Freeman affirmed that Amy was the driver but wouldn't elaborate on how that conclusion was reached.
Anousone Phanthavong's niece and sister listen to the county attorney's announcement.
"Having a confession from the defendant isn't a bad way to start," he said wryly.
When asked for a response to allegations from Senser's lawyer that the county attorney's office rushed the charges to appease the public, Freeman said simply, "He's wrong."
Jim Schwebel, the attorney for the Phanthavong family, appeared with Anousone's sister Vilayphone and niece Souksavanh. The two women held hands and listened silently as Schwebel responded briefly to the announcement.
"The family is relieved that there have finally been criminal charges filed in this case," he said. "We remain committed to searching for the truth of what happened that evening."
Since the family has filed a civil suit against the Sensers, Schwebel says his investigation will reveal far more than today's criminal charges do. He said they plan to find out if Senser was drinking or on drugs, or if she was alone at the time of the accident.
"We certainly believe that there are people out there that know what Amy Senser was doing that night," he said. "We will find them."
The Phanthavongs are seeking damages upwards of $50,000 in the wrongful death suit.
Eric Nelson, the Senser's attorney, spoke last to express "surprise" at the speed with which the charges came down, speculating public outcry affected the decision. He said that proving whether or not Senser knew she'd hit a person, not just an object, would be a pivotal piece in the case.
"Her prime concern is the family," said Nelson of the Phanthavongs. "It may not seem that way because she's exercising her constitutional rights."
- Amy Senser's hit-and-run ruled "accidental"
- Amy Senser, Joe Senser's wife, was driving SUV at the time of deadly hit-and-run
- Amy Senser, Joe Senser's wife, sued for fatal hit-and-run
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