The case against a charged with felony vehicular manslaughter in the Oct. 23, 2011 death of a San Jose IBM employee riding his Segway at a downtown Morgan Hill crosswalk has been once again postponed until April 26.
Los Gatos resident Dick Chappell's case was discussed the morning of April 5 by Santa Clara County Superior Court Judge Kenneth Shapero, the Santa Clara County Probation Department, Chappell's defense attorney Jaime Leanos and Supervising Deputy District Attorney Steve Lowney.
The parties agreed to delay the matter until 1:30 p.m., April 26 at the South County Superior Courthouse in Morgan Hill, room No. 110, said Lowney.
The hearing in two weeks will determine if Chappell, 83, suspected of driving under the influence of alcohol the day of the tragedy, will plea to the gross vehicular manslaughter charge or if he will move on to the preliminary examination, Lowney added.
Killed in the accident was Marschelle Syverson, 72, an IBM employee.
Chappell entered a not-guilty plea Jan. 3, however, Lowney explained almost every criminal defendant, at arraignment, enters a not-guilty plea to get more time for the attorney to investigate the case or retain counsel.
If convicted, he could face up to four years in state prison, Lowney said.
Chappell was arrested and booked into Santa Clara County Jail last October on suspicion of driving under the influence of alcohol the day of the tragedy and was charged with gross vehicular manslaughter.
According to police, the accident occurred at the intersection of Butterfield Boulevard and Jarvis Drive, in Morgan Hill.
Chappell, driving a 1991 Lexus SUV, apparently ran the red light and struck Syverson while he was in the crosswalk riding the Segway, police said.