Plea negotiations between the state and Billy Lane’s lawyers could lead to a resolution in the motorcycle designer’s DUI manslaughter case as early as next week, his attorney said.
The announcement of the plea comes days before Lane was scheduled to go to trial Monday.
“I can’t talk about the details right now because we have a couple minor details that are up in the air,” lawyer Greg Eisenmenger stated on Thursday.
He said he hopes to receive confirmation on those details from prosecutors by today and anticipates Lane would enter the plea next week.
Lane, 38, was charged two years ago with one count of DUI manslaughter in connection with a Labor Day 2006 traffic accident in which 56-year-old Sebastian Inlet park ranger Gerald Morelock died.
Police said Lane’s blood-alcohol level was more than twice the legal limit when he crossed a double yellow line to pass several cars near Melbourne Beach, striking Morelock’s motorcycle head-on.
In light of ongoing legal wrangling over the permissibility of blood evidence at trial, prosecutors in late December added an alternative charge of vehicular homicide, which requires the state to prove Lane was driving recklessly but does not include the drug or alcohol element needed to prove DUI manslaughter.
Both charges are second-degree felonies, punishable by up to 15 years in prison.
Eisenmenger said the amended charge factored into Lane’s decision to consider a plea agreement, and that any other factors would “become more clear” in court.
“We’re in agreement on all the major points,” Eisenmenger said of his discussions with the state. “We’re 99 percent there but we’re not 100 percent there. We’re close enough that the court felt it was appropriate to take it off the trial docket and we’re close enough that we’re confident we’ll get to a plea.”
Prosecutor Tom Brown said 95 percent or more of his office’s cases are resolved through pleas, and his office treats this case like any other.
Among the factors to be considered are state sentencing guidelines, the facts of the case and input from the victim’s family, which Brown said is always considered during plea discussions and before an offer is made.
“We’ve had plea discussions on this case from the beginning,” Brown said. “We’ve never not been amenable to reaching a resolution. . . and when you get close to trial, discussions become much more serious.”
Byron Morelock, the victim’s brother, said he is not opposed to a plea deal.
“Revenge is nothing. I’ve got to take myself out of the picture,” he said. “I just know my brother would want something positive out of this thing. Gerry was a sweet guy and he never wanted to hurt anybody and even when someone would hurt him . . . he’d say ‘Don’t worry about it.'”
Morelock’s family, Lane and DaimlerChrysler, which provided Lane with the truck he was driving for promotional purposes, reached an undisclosed out-of-court settlement on a wrongful death suit in July 2007.
A civil suit filed against Lane and DaimlerChrysler in May by Lane’s passenger, Erin Derrick, seeks unspecified damages for permanent injuries she said have left her neither able to work nor to pay off mounting medical bills. That case is still pending.
This is a republished article.
Welcome, my name is 
Everytime I hear of yet another killing by a drunk driver I see red.
I got so upset at a biker magazine here in Arizona that had an ad for a lawyer that said something to the effect of
“We all know that the fanatical DUI laws in Arizona are more about making money and not about public safety” EXCUSE ME ????
As the mother of a now 43 year old girl (she is actually my ex step daughter but even after divorce of over 15 years she is still mine nonetheless) that spent 4 months in a coma, almost every bone broken, legs, back, neck, feet, hands, skin ripped off of her entire right side from being thrown out of the window of her jeep, I take great exception to the idea and the DUI laws are not about public safety.
The accident happened almost 7 years ago but what used to be an active young mother and new grandmother at the time of the accident she is now not able to work of course, has problems getting around very well, gained almost 100 pounds due to her not being able to get around and work the two jobs she always did for many years.
People, whether on the bike or in the car, if you choose to drink then don’t ride or drive. Is it really worth one nite of having “fun” to think that you kill someone else or yourself ????
I don’t drink for a myriad of reasons, I first quit drinking for myself, now I drink because I am always cognizant of what the results might be
Billy Lane killed Gerald Morelock in 2006 and has not spent any jail time while Mr. Morelock has been dead and gone for three years. What is wrong with this picture? Isn’t it time for Billy to finally pay the price he owes and give the Morelock family the justice they deserve? I would say it’s way past time.
“Slow”…I suspect the Morelock family would call that the understatement of the year Norm. Let’s hope you are right and justice does prevail. Of course “justice” seems to work a little differently when you are rich and famous, so it will be interesting to see how this plays out. If I ran over you drunk at over twice the legal limit Norm, you can rest assured I would not be out of jail three years later, because I would have already “man’ed up” and took the punishment I deserved for taking your life. I guess I’m old school, I believe in personal responsibility, and I understand right from wrong. All that seems to have kind of gone away these days, wouldn’t you say?
Is old Phil still with us?? I suspect Phil has some “lingering sustance abuse issues”….Maybe in prison he can finally get back to reality and confront what he’s done.
Well the big trial starts June 15th. Norm how do you “defend” someone who was over double the legal limit drunk, speeding, improper lane usage, driving on a suspended license, and kills someone…..but then again, O.J. got off, didn’t he…..
I saw it right after I sent it Norm. I knew you were not defending Lane, I was just asking how would you defend Lane if you were handling the case. I did he his Lawyer is going to ask for no time due to “mitigation circumstances”….Let’s hope the judge doesn’t listen to that nonsense.
To my mind he just must be taken to prison. No matter how much money he has. Such people should be in the prison, because I want to feel safe while crossing the road or riding my bike.
Well Glenn, he has not been convicted of anything yet. In this country you are presumed to be innocent until proven guilty. Based upon the media reports it does not look good for Billy Lane, but I have no way of knowing because I am not sitting in the courtroom listening to the real evidence being presented in Court.
Sometimes justice is slow, however, usually justice prevails one way or another.
Norm
You are probably right about the celebrity thing. Hell here in California, years later, Phil Spector was finally convicted of murder after two trials. This guy shot this woman in the mouth, and walked free for many years.
In the Lane case, it has taken time, that is for sure. Like I said before, I have no clue what has actually transpired in the trial. I am sure we will eventually find out.
I do understand your frustration.
Norm
Did you read my last article? He is supposed to plead no contest. Once he does then I will comment. I have never defended Billy Lane. I have only stated that you cannot convict someone until they have been proven guilty in a court of law.
Norm
If I were his attorney, and this was a California case, I would attack the validity of the blood test, i.e., chain of custody of blood, or lack of ability to save breath sample for defense testing, admissibility of blood evidence, accuracy of machine, calibration of machine, machine maintenance record, machine operator certification, operator error, accuracy of machine, percentage of error with machine, etc.
I am not argue that it was a simple accident, and that all human beings make mistakes and have accidents. I would argue that Lane did not intend the results which occurred, etc.
My firm does do criminal law defense, but I do not do criminal law defense myself at the present time, although in the past I have defended misdemeanors and felonies. I have attorney’s within the firm like Len Chaitin who is a 30 year attorney who deals with this kind of stuff. I am on the civil end of things.
Obviously there are counter arguments to each defense. This is why it sometimes takes so long to competently prepare a case for trial.
Norm
That would make a solid argument. The “simple accident” argument is too typical whereas your argument would sound much more legitimate and like you had actually done some research.