Corvette driver in deadly crash had 'strong odor of alcohol'

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by Mike Gertzman

Video report by Marie Saavedra

Posted on April 16, 2012 at 2:28 PM

Updated Tuesday, Apr 17 at 8:33 AM

Fatal crash on EB U.S. 60

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MESA, Ariz. -- Court documents released Monday revealed new details about a deadly car crash in Mesa early Sunday morning.

According to police, Mark William Clary, 24, was driving his 2008 Chevrolet Corvette "at an extremely high rate of speed" when he slammed into the back of a Chevrolet sedan on the eastbound US 60 between Alma School Road and Dobson Road. That was just after 3:00 a.m.

The rear-seat passenger of the sedan was pronounced dead at the scene of the collision. He has been identified as 22-year-old Giacomo Masolini, a student at ASU.

The driver of the sedan, Mike Medows, sustained a major brain bleed and was in critical condition at Scottsdale Healthcare Osborn Medical Center until he died on Monday afternoon.

The passenger in the front seat of the car, Douglas Campbell, has a fractured nose and a laceration above his left eye.

The two occupants of a third vehicle involved in the collision were treated for neck pain at Banner Desert Medical Center. They were released from the hospital on Sunday.

The court records state that Clary's Corvette and the sedan traveled approximately 600 feet before finally coming to a stop.

According to police, Clary ran from the scene and police found him just after 6:00 a.m. in a nearby neighborhood at the intersection of S. Standage and W. Isabella Avenue.

The court records indicate that Clary has a restricted driver's license that requires him to have an ignition interlock device on his vehicle. There was no interlock device on the Corvette that police said Clary was driving.

Witnesses of the collision attempted to run after Clary but could not keep up with him. Those witnesses positively identified Clary by his clothing and his height of 6 feet, 7 inches.

Police said there were no reports of Clary calling or notifying emergency agencies about the collision.

Clary would only talk to his lawyer after being taken into custody and transported to an Arizona Department of Public Safety facility.

A detective on the case said "a strong odor of an alcoholic beverage was present in the air" when the detective entered the room where Clary was being held. The detective also said he "could smell the odor of an alcoholic beverage emanating from Clary's breath."

Clary did not take any field sobriety tests. Officers obtained a search warrant from the Maricopa County Superior Court to withdraw Clary's blood for testing.

Clary is facing charges of second-degree murder, 4 counts of aggravated assault with a deadly weapon, and failure to stay at the scene of an accident where death or injuries occurred. Clary is being held on a $350,000 bond.

At Clary's initial court appearance, Deputy Maricopa County Attorney, Tammara Wright, requested a high bond, saying there is a serious community safety concern because Clary has a prior DUI conviction and because he allegedly fled the scene of the crash on Sunday.

At that same hearing, Clary's defense attorney, Larry Kazan, requested a lower bond. Kazan said his client is not a flight risk and that Clary showed up for all of his court appearances in that previous DUI case.

Kazan also said that Clary's father is a member of the State Bar of Arizona who understands the seriousness of the situation.

He said Clary is a college graduate who is in his first year of dental school.

Kazan also questioned whether the charges in this case are appropriate. He referenced an independent blood test taken by Clary when Kazan said, "While it was taken some hours after the accident the results came in at either a non-detectible level...or at a zero blood-alcohol level." 

Kazan went on to say, "This could be one of those situations where this really is just a terrible tragic automobile accident that doesn't rise to the level of the seriousness of the charges at this point in time."

ASU student killed by suspected drunk driver

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