Western Grove man acquitted of manslaughter by Boone County jury

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A Newton County man accused of causing the death of his girlfriend in a one-vehicle accident over a year ago was acquitted by a Boone County jury. According to Springfield television station KYTV, 27-year-old Cody Eastep of Western Grove was found not guilty August 9th of manslaughter, reckless driving and two counts of child endangerment. He was convicted of driving with a suspended driver’s license.

Investigators say Eastep was driving west on Old Bellefonte Road east of Harrison on August 13th of last year when he lost control of his vehicle at the crest of a hill. The vehicle reportedly went 136 feet through the air off the road, and it rolled four times before stopping right-side up next to the road. Eastep’s front seat passenger and girlfriend, 25-year-old Heather Fanning, was killed in the crash. Eastep and two children in the back seat who were then ages seven and three were treated and released from a hospital.

Investigators alleged Eastep was drinking before the crash and took a blood sample to measure his blood alcohol content. Officers reportedly found a liquor bottle in the vehicle, and they said they could smell alcohol on Eastep’s breath. Eastep said he didn’t know the bottle was in the car, and he argued in court the alcohol the officers smelled was from Fanning. Online court documents showed Fanning’s body had a blood alcohol content of .13 percent.

A judge later excluded the blood alcohol test at trial because he determined it wasn’t lawfully drawn. The crash occurred in the midday hours. Eastep said he and Fanning were drinking the night before, but they weren’t drinking the morning of the accident. Prosecutors said Eastep shouldn’t have been drinking and driving because he was on probation from a previous crime in Newton County, and his license was suspended.

Investigators believe Eastep’s vehicle was traveling at least 85 miles per hour before the crash. They based their calculation on the length of skid marks and the distance the car rolled over.

Eastep is currently serving 30 days in the Boone County Jail on the driving with a suspended driver’s license conviction. He was also fined $500.

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