BIRMINGHAM, Alabama -- An off-duty Birmingham police officer who killed a Hoover man in a 2009 interstate collision was convicted this morning of reckless manslaughter.
Jefferson County prosecutors say James Kendrick's blood-alcohol level was twice the legal limit for driving and he was traveling at more than 100 mph on Nov. 18, 2009, when he ran into the back of a convertible Mercedes driven by Derric Rush.
The cars locked up and skidded across several lanes heading downtown on Interstate 20/59 near the Arkadelphia exit, before separating when they collided with a concrete barrier.
Rush's car went airborne. He was ejected, hitting the pavement, testimony showed. Kendrick's personal car slid about 800 feet.
Kendrick, however, testified that he was not drunk or impaired, having had three or four drinks earlier in the evening. He said he was driving close to the speed limit.
The 37-year-old defendant told jurors that Rush had veered into his lane then hit his brakes, causing the collision.
Defense lawyer Emory Anthony argued that Kendrick was not guilty, saying the wreck was an accident, not a criminal act.
Prosecutors Patrick Lamb and Neal Zarzour argued Kendrick should be convicted of reckless murder -- causing a death recklessly, knowing the risks of his behavior but showing an extreme indifference to the danger.
As a police officer, Kendrick should have recognized better than most people the dangers of driving drunk and so fast, Lamb told jurors Wednesday.
The jury chose the lesser charge of reckless manslaughter, ruling Kendrick acted recklessly but did not show the conscious disregard to human life needed for a murder conviction.
Kendrick, who resigned from the police department after the wreck, faces a sentence of 2-20 years when he is sentenced June 17 by Circuit Judge Tommy Nail.
Final sentence revised at 3 p.m. Thursday, March 31, 2011, to reflect resignation by officer.