The Toyota Defense: Man Demands Review of Vehicular Homicide Sentence in Light of Recall

Koua Fong Lee may be the first man to bring a “Toyota Defense” — claiming that the recent recall supports his earlier defense claim that he was not responsible for vehicular homicide in 2006.

Lee is serving eight years due to the fatal crash involving his Toyota Camry. He has always maintained his innocence. He was driving home from Sunday services with his pregnant wife, father, daughter, brother and niece when he exited the highway in St. Paul, Minnesota. He insisted that he had his foot on the brake but the car was moving at between 70 and 90 mph when it struck two other vehicles. Javis Adams, 33, and his 10-year-old son, Javis Adams Jr., were killed instantly. Another passenger, 6-year-old Devyn Bolton, survived but was left a paraplegic.

Notably, two state witnesses testified that the brakes were working fine but this was before the findings that led to the recent massive recall.

One problem is that the 1996 Toyota Camry is not part of the recall. However, had the recall information been available, it might be produced reasonable doubt in the minds of the jury.

Notably, the family now supports Lee and wants to sue Toyota. There may be other such cases that are now subject to review in light of the recall.

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