![]() Phillip Musgrove crashed in busy area.
Rio Salado College Online Instructors General SMALL WORLD TEACHERS, ASSISTANT DIRECTOR Health Care Godwin Corp Physician Assistant Finance and Accounting Sierra Southwest Cooperative Services Accounts Payable/Payroll Manager Health Care CATALINA POINTE ARTHRITIS RHEUMATOLOGY LPN/MA Retail TOTAL WINE & MORE WINE TEAM MEMBERS, CASHIER & STOCK MEMEBERS General GROUNDS CONTROL LANDCAPE FOREMAN & LABORERS Tucson RegionDriver: I can't recall wreck that left 2 deadARIZONA DAILY STAR
Tucson, Arizona | Published: 10.15.2008
A Tucson man who killed two men after plowing through a line of cars stopped at a red light last year told jurors he doesn't remember anything about the crash.
A tearful Phillip Musgrove testified Tuesday the last thing he remembers before regaining his senses on a curb at North Campbell Avenue and East Speedway is passing a Sub-way shop about a block earlier.
Musgrove, 23, is accused of killing Thomas Flynn, 21, and Craig Gmur, 24, on Nov. 3, 2007.
In addition to two counts of second-degree murder, Musgrove is charged with six counts of aggravated assault, 19 counts of endangerment and a single count of criminal damage.
According to authorities, Musgrove was driving in excess of 84 miles an hour when he plowed his mother's Nissan Maxima through two lanes of stopped cars, ran a red light and slammed into two cars.
Flynn and Gmur were among five men in a rented Chrysler Pacifica that was the first vehicle struck. Flynn was ejected in the crash, as was George Moon, who ended up with a broken eye socket, clavicle, wrist and ankle, and a lacerated liver and kidney.
The victims were in town visiting a friend and had just finished watching Washington State University lose to California at a nearby sports bar.
The area was also particularly crowded because it was homecoming for the University of Arizona.
Musgrove, a 2003 Catalina High School graduate, told jurors that after sleeping five to six hours Nov. 2, he went to work Nov. 3 at a furniture rental store where he spent nine to 10 hours loading and unloading furniture and appliances.
After work, he spent about 30 minutes at his mom's house celebrating his grandmother's birthday and then spent about 40 minutes at a cousin's apartment near Speedway and Alvernon Way.
Because he was tired and didn't have an ironed shirt, Musgrove testified he decided not to go out with his cousin and got in the car to go home.
He remembers passing the Eegee's near Tucson Boulevard and seeing the light at Campbell Avenue, but nothing else.
Musgrove told his attorney, Assistant Pima County Public Defender Leo Masursky, that he doesn't remember seeing the lines of stopped cars backed up at the light, hitting the sideview mirrors as he drove between them or hitting the Pacifica and the second car. Nor does he remember his car stopping and catching fire or the people who helped him after the collision.
He only remembers coming to with "a police directly in my face," Musgrove said.
Musgrove, whose ankle was broken into two places, said he simply wanted to go home after the crash; he didn't realize what had happened.
After he was told two men had died, Musgrove said he called his mother and his lawyer from University Medical Center.
Musgrove acknowledged he was probably speeding, but has no explanation for the crash. The car was in perfect working condition, he said.
"So what do you think happened?" Masursky asked him.
"To be honest with you, I don't know what happened," Musgrove said, noting he could have passed out or blacked out, but he just doesn't know.
During opening statements last week, Masursky told jurors they will have to decide for themselves if Musgrove's actions that night were criminal in nature.
Blood tests showed Musgrove didn't have alcohol or drugs in his system, Masursky said.
"If you don't find that he was driving recklessly, you must acquit him," Masursky said.
Someone who behaves recklessly is someone who is aware of the risks and consciously disregards them, Masursky explained.
Masursky and Deputy Pima County Attorney Casey McGinley are expected to give their closing arguments today.
Pima County Superior Court Judge Howard Fell is presiding over the case.
Contact reporter Kim Smith at 573-4241 or kimsmith@azstarnet.com.
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