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Party House Mom Facing Two Counts of Manslaughter

By Eddie Farah

Her lawyer had argued that Diane Katz Santarelli should not be charged with two counts of manslaughter after hosting an open house drinking party that preceded the death of two teens in an auto crash.

But Friday, St. Johns Circuit Judge Wendy W. Berger, refused to dismiss manslaughter charges against Santarelli, 51, saying her action 'set in motion a chain of events' that ended January 11 with the deaths of Jesse Calvin Pitts, 18 and Taylor Rae Brennan, 17.

The two St. Johns County teens were leaving a party at the Santarelli home when friends say they were too drunk to get behind the wheel of a 1991 Ford Thunderbird. With Pitts driving, the car veered off State Road 13 near Orangedale and hit some trees, bursting into flames. Both teens died. Pitts's blood alcohol level was 0.18, more than twice the legal limit.

Santarelli's attorney says that allowing someone to leave your home intoxicated does not merit a manslaughter charge, and her defense will be that the kids arrived at her house already intoxicated.

But prosecutors say Santarelli allowed, provided, or encouraged minors to drink alcohol at the house party and smoke marijuana, and they say there were a number of parties held prior to this one with Ms. Santorelli present.

Florida Statute 856 says no person who controls a residence shall allow an open house party to take place where minors, under the age of 21, are consuming alcoholic beverages or drugs. Violators can face up to 6 months in prison, unless there is a death. The law imposes a duty of care on the social host to take some reasonable action to prevent anyone under the age of 21 from drinking.

Santarelli is facing two counts of manslaughter, four counts of hosting an open house party and one count of contributing to the delinquency of a minor.

Her pre-trial date is scheduled for December 1. #

Originally posted at InjuryBoard by Eddie Farah

Full post as published by Jacksonville Personal Injury Lawyer on November 15, 2009 (boomark / email).