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News (Media Awareness Project) - US TN: Grand Jury To Hear Evidence In LSD-Traffic Death
Title:US TN: Grand Jury To Hear Evidence In LSD-Traffic Death
Published On:2002-03-16
Source:Tennessean, The (TN)
Fetched On:2008-08-30 23:17:46
GRAND JURY TO HEAR EVIDENCE IN LSD-TRAFFIC DEATH

FRANKLIN - The case of a young Franklin woman facing second-degree murder
charges because prosecutors say she gave her brother LSD just hours before
he jumped into traffic on Interstate 40 in Nashville has been bound to the
grand jury.

The grand jury is expected to decide April 22 whether to indict Brandi
Gussow, 18, in the death of her brother, Shawn, 15, last year.

If indicted, Brandi Gussow, who was a juvenile when her brother died Feb.
4, 2001, would be tried as an adult, Juvenile Court Judge Lonnie R. Hoover
ruled yesterday.

She would be prosecuted under a section of the second-degree murder statute
that covers "unlawful distribution of any Schedule I or Schedule II drug
when such drug is proven to be the proximate cause of the death of the user."

"It's a difficult case," Hoover said. "But the state has established that
the child committed the offense of second-degree murder in giving her
brother LSD, which resulted in his death.

"Clearly, this was not committed in an aggressive or premeditated manner.
But I find that the defendant should be held accountable."

In explaining his decision to transfer the case, Hoover noted that although
Brandi Gussow's only prior juvenile court conviction was for unruly
behavior, she did have other serious charges on her record - including
possession of illegal drugs, drug paraphernalia and a shotgun in a hotel room.

"I never take pleasure in transferring an individual to Circuit Court, but
in this case we felt it had to be done," Assistant District Attorney Derek
K. Smith said.

Medical Examiner Dr. Bruce Levy testified in yesterday's hearing that Shawn
Gussow had taken LSD and marijuana before going with his sister and others
to an Insane Clown Posse concert at 328 Performance Hall that February
night. Later, Shawn told a friend he wanted to go home and began walking
along I-40.

About 9:40 p.m., near the I-65 and I-40 junction, Shawn apparently tried to
cross the highway and was struck by two vehicles. He died as a result of
multiple blunt force injuries, Levy said.

Brandi Gussow remains free on $25,000 bond.
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