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... FACTS AND PROCEDURAL HISTORY. ¶ 2 This case arises out of an August 4, 2004
single-car accident that injured the driver, James L. Lee, and killed his wife, Teresa, and
the car's other two passengers, Hyeon Bai Kim and Kyung Nim Bea Kim. ...
... Officers found the passenger of the truck dead, lying in the creek with his head submerged in
the water. The victim's blood alcohol concentration was .231 at the time of his death. Within two
hours of the accident, Slover's blood alcohol concentration was .165. ...
... 59 Cruz argues that the trial court improperly precluded a statement by Lisa L. that suggested the
culpability of a third party. Lisa L. was killed in a car accident and so was unavailable to testify. ¶
60 Before trial, the State moved to exclude Lisa L.'s statement as hearsay. ...