CULPEPER (WUSA9 )-- The former Culpeper police officer convicted of killing an unarmed housewife was supposed to be sentenced today. But his attorney filed a motion which caused a delay.
Two things went right today for the former Culpeper Cop convicted of manslaughter. First, Daniel Harmon-Wright had sunny day away from his cell where he's been for last two months. And, second, judge Susan Whitlock postponed his sentencing after his attorney filed a new motion today.
"I'm recovering from a bout of food poisoning that I had for two weeks," said defense attorney Dan Hawes.
A jury convicted Harmon-Wright of manslaughter in last year's shooting death of Patty Cook, an unarmed housewife. She had been sitting her Jeep Wrangler in a Catholic School parking lot. Jurors examined the scene during the trial.
The jury found him guilty on three counts, manslaughter, involuntary manslaughter and shooting into an occupied vehicle resulting in death. It recommended a sentence of 12 months for each count for a total 36 months. But defense attorney Hawes says two of the convictions are basically the same change, and amount to double jeopardy. He wants them tossed out.
"He has a constitutional right to not be convicted of the same crime," said Hawes.
But Fisher said the law allows for the different charges for the same crime.
Judge Whitlock gave the prosecutors three weeks to respond to the defense motion and set a new sentencing day for May 2.
She told the defense any more motions would have to be filed at least five days beforehand.