Now this could make for an interesting challenge. Brian Pollard was arrested for DUI in an accident that led to the death of Peggy Williamson. He received only four days in jail after pleading guilty. When the family cried foul, District Judge Rebecca Phelps and prosecutors insisted that they had no idea someone died. They are now moving to charge him again — after he was sentenced on the crime for DUI.
There are obviously double jeopardy implications, though courts have gradually reduced this protection in allowing prosecutors to bring different technical charges for the same underlying conduct. This would, however, seem a classic double jeopardy situation where public pressure leads prosecutors to seek more punishment for a crime.
The Kentucky State Police reportedly indicated that they are going to charge Brian Pollard with involuntary manslaughter.