Lexington jury rejects murder charge in DUI crash, convicts man of reckless homicide
A Fayette County jury found a Lexington man guilty of reckless homicide instead of murder in a 2018 DUI crash. He could be paroled soon.
Dean Lee Carson Jr., 36, was convicted Wednesday, nearly three years after his Cadillac Escalade collided with John Rusnak’s small passenger car at New Circle Road and Woodhill Drive. Rusnak, 57, died at the scene of the crash, according to the Fayette County coroner’s office. Carson was arrested at the wreck scene and initially charged with DUI and possession of a controlled substance.
Months later, a grand jury indicted Carson on the murder charge. But the Fayette County trial jury convicted him of the less serious charge. Jurors also convicted him of DUI and cocaine possession, according to court records.
“We’re very relieved that the jury was able to see that this was not a murder case,” Steve Schroering and Christopher Spedding, Carson’s attorneys, said in a joint statement to the Herald-Leader. “There were certainly no winners that came out of this tragedy.”
Carson was initially charged with DUI after he admitted to officers that he drank one beer and one shot before he drove to the Office Lounge, a local bar, according to court records. Carson told police he had left the Office Lounge and was headed to another club when the Sept. 21, 2018, crash occurred.
Lou Anna Red Corn, the Fayette County commonwealth’s attorney, told the Herald-Leader that Carson’s blood-alcohol level was .26 and he was driving at least 30 mph over the speed limit at the time of the crash.
She said the commonwealth attorney’s office “presented a strong case supporting” the charges of murder, cocaine possession and DUI.
“This office will seek to hold all responsible for their criminal actions, and we stand behind the grand jury’s decision to charge Carson with murder,” she said.
Carson estimated he was driving between 60 and 65 mph, according to court records. He told police he thought Rusnak’s car pulled out in front of him but he couldn’t say from where.
Police wrote in court records that they found suspected drugs on Carson after he was transported to the hospital to be treated for crash injuries. Carson admitted it was cocaine, according to court records.
Immediately after the conviction, Carson was sentenced to five years for reckless homicide and three years for possessing a controlled substance. The sentences were set consecutively for a total of eight years. He was also sentenced to 30 days and a $500 fine for his DUI conviction.
With time served in jail since his arrest, Carson is immediately eligible for parole, Red Corn said.
