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Friend of drunken driver could face up to 15 years

(Court TV) -- "Friends Don't Let Friends Drive Drunk" was the slogan of a popular anti-drunk driving campaign started by the U.S. Dept. of Transportation and the Ad Council.

But soon it could be a criminal law, depending on the outcome of a landmark New Jersey case currently being deliberated.

When Kenneth Powell received a call on July 22, 2000, from state police that his best friend, Michael Pangle, had been arrested for drunk driving, he agreed to pick Pangle up from the state police barracks and drive him home.

But when Powell, 40, picked Pangle up from the station, he instead drove him back to his car.

Pangle got back behind the wheel -- and crashed into another vehicle head-on. Both Pangle and the driver of the other car, 22-year-old Navy Ensign John Elliott, were killed. Elliott's girlfriend, who was in the passenger seat, survived but was critically injured.

Following his death, an autopsy conducted on Pangle revealed that he was still intoxicated at the time of the crash.

Though he wasn't anywhere near the accident when the crash occurred, Powell found himself facing 15 years in prison, charged with manslaughter, vehicular homicide and aggravated assault.

Prosecutors contend that Powell was reckless letting his friend drive drunk, and that his choices led to two deaths.

The defense, however, contends that state troopers should not have released Pangle or his car keys if he was still intoxicated. They also charge that the prosecution has overzealously charged Powell since Pangle is no longer alive to be held accountable.

Believed to be the first case of its kind, legal experts have predicted that it could set precedent, making the failure to prevent a drunk driver from getting behind the wheel a crime.

The case has already had an impact on state legislators, who last year passed "John's Law" -- named for Elliot -- requiring police to impound cars of those charged with drunken driving for up to 12 hours. Elliot's parents have mounted a campaign to make it into a federal law.

The Salem County jury has been deliberating since Tuesday.