Second-degree murder charges against Cheryl Wise, accused of killing two people in a head-on collision, will be reduced to two counts of vehicular manslaughter, Blaine County Prosecuting Attorney Jim Thomas said Wednesday.
On July 23, Wise's Chevrolet Blazer crossed the center line of U.S. Highway 93 near Carey and collided with a Chevrolet Suburban carrying a family of five. Francisco Rojas, 37, and his son, Julian Rojas, 9, were killed.
Prosecutors initially alleged that Wise, 24, of Twin Falls, intentionally caused the accident, presumably due to her distress over the death of her boyfriend in a head-on accident three days earlier at nearly the same location.
However, Thomas said the intent element of murder would be difficult to prove. On Sept. 22, Wise waived a preliminary hearing, during which the prosecution would have been required to show probable cause that she had committed the crime, after prosecutors agreed to reduce the charges. Thomas said the information, which functions as an indictment, filed against Wise will be amended before her arraignment, set for Oct. 12. At that time, she will plead guilty or not guilty.
Wise is also charged with aggravated DUI, a felony.
Under the vehicular manslaughter charges, Wise faces a total of 30 years in prison. The maximum penalty for second-degree murder is life in prison.
Thomas said surviving members of the Rojas family had agreed to the reduced charges.
