The court denied the motion, and the jury ultimately convicted defendant of second-degree murder. Following that ruling, the prosecution dismissed the two OWI charges, after which defendant moved to allow a duress defense. The trial court granted in part and denied in part the motion, concluding that the evidence was not admissible with regard to the second-degree-murder charge but was admissible with regard to the operating a vehicle while intoxicated (OWI) charges. The prosecution opposed the motion, arguing that defendant should not be allowed to introduce the evidence because it amounted to a duress defense, which was not allowed. In addition, defendant wanted to testify that Scandalito was on parole and being sought for a parole violation and that he had committed aggravated assault against his mother while using drugs. Before trial, defendant moved to be allowed to testify that she intended to pull over when the police officer activated his overhead lights and that she did not do so because the passenger sitting behind her, Michael Scandalito, thrust a gun into her ribs and threatened to kill her if she stopped the car. Defendant drove her vehicle at speeds exceeding 100 miles per hour while fleeing the police she ran a red light and collided with other vehicles, killing one person and severely injuring several others. Defendant Theresa Gafken was convicted by jury of second-degree murder.
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