Key question in Owens trial: Who was on wrong side of road?

Owens, 29, and his attorney say they see the trial as an opportunity to tell the whole story of what happened that morning on Old Las Vegas Highway.

Owens has been incarcerated at the Santa Fe County jail in lieu of a $3 million cash bond since the day of the crash.

In dozens of pretrial hearings and in public court filings, the attorneys in the case — Deputy District Attorney Doug Couleur and defense attorney Dan Cron — have laid out what can be expected in the scheduled weeklong trial in Judge Michael Vigil's courtroom.

It seems the much-anticipated, and often delayed, trial will come down to one simple question: Who was actually on the wrong side of the road?

While Owens' blood alcohol content the night of the crash was revealed to be 0.16 — twice the legal limit — according to the Santa Fe County Sheriff's Department, that doesn't necessarily mean his actions caused the crash.

Sheriff's investigators have said they believe Owens was driving in the wrong lane when he rammed his 1992 Jeep Cherokee into the passenger side of the 1992 Subaru driven by Koffman. No alcohol was detected in her blood.

Police say Owens tried to turn back into his lane too late after seeing the Subaru, while Koffman was simultaneously turning left into Owens' lane to avoid the crash.

Crash-scene investigators hired by the defense, however, are expected to testify that evidence shows Owens was, in fact, in the proper lane and that he did not have enough time to react when the Subaru turned into his lane. The testimony could call into question whether Owens should be convicted of anything other than DWI.

A third vehicle driven by Taylor Johnson, then 16, and carrying three teen passengers was following Koffman and struck the Subaru immediately after the initial crash.

There are questions about whether teen drivers in a multicar caravan that included Koffman and Johnson were driving erratically, possibly playing games with one another prior to the crash. And a 911 call by one male teen after the crash also will likely be scrutinized in court this week. In that call, the unnamed male can be heard asking a female at the scene, "Why did you do that?" Her response? "I don't know." Another male voice in that call can be heard asking, "Did you swerve?"

Numerous teens in the caravan of friends are expected to be called as witnesses during the trial to testify about their recollections of the moments prior to the crash.

Owens is facing five counts of homicide or causing great bodily harm by vehicle. Under the state statute, "Homicide by vehicle is the killing of a human being in the unlawful operation of a motor vehicle," and "great bodily harm by vehicle is the injuring of a human being ... in the unlawful operation of a motor vehicle."

The court battles likely will center on whether his actions, in fact, caused the teens to be killed or injured.

If convicted, Owens faces up to 27 years in prison, prosecutors have said, and another possible 20 years tacked on under the habitual-offender laws if a 2001 DWI conviction in the court of former Municipal Judge Frances Gallegos can be proven. Many DWI convictions in her court have been tossed out because she did not adequately advise defendants of their constitutional rights.

Former Santa Fe County Sheriff Greg Solano said in 2009 that the two teen drivers involved in the accident were driving illegally because they both had provisional licenses, which did not permit them to drive after midnight and prohibited more than one passenger under the age of 18 from being in their cars. Solano initially said Owens was driving on an expired license the day of the crash, but the state Motor Vehicle Division acknowledged a computer error led to that mistake, and Owens had a valid driver's license.

The 651-day wait from the time of the accident to Monday's jury selection has been frustrating for the families involved. In an effort to move the trial along quickly, Couleur and Cron already have stipulated to more than 200 pieces of evidence, cutting back on the need for in-court testimony. While the state is expected to call about 20 witnesses, it is unclear who the defense will call to testify other than its crash-scene reconstruction expert.

If a jury is selected by midafternoon Monday, the trial will begin immediately with opening arguments. Otherwise, Vigil has said, it will start first thing Tuesday morning. The judge also has warned the parties involved, court personnel and potential jurors that working into the evening hours throughout the week — and even a Saturday session — could be required because his overburdened criminal docket has very little wiggle room if the trial extends beyond this week.

Contact Geoff Grammer at 986-3076 or ggrammer@sfnewmexican.com. Read his blog at SantaFeCrime.com.