Any news on Heatley?

In article <S_wEc.115$hOC.12@news04.bloor.is.net.cable.rogers.com>,
robloriNOSPAM DeleteThis @rogers.com says...
> I heard he was to have a court appearance yesterday , any news?
>
>

DA to seek Heatley indictment

By BETH WARREN and JOHN MANASSO
The Atlanta Journal-Constitution
Published on: 7/1/04

The attorney for Thrashers star Dany Heatley has cautioned him he might
be indicted as early as Friday in the Buckhead car crash that killed
teammate Dan Snyder.

The Fulton County District Attorney's office told the Snyder family this
week it will seek an indictment.

Details of the indictment are unknown, but the most serious charge
Heatley could face is felony vehicular homicide, which carries up to 15
years in prison.

Heatley's attorney Don Samuel said the district attorney's office has not
returned repeated calls from his law firm this week. Heatley is in his
hometown of Calgary training for the upcoming NHL season.

"We knew the DA would make a decision [to indict]," Samuel said Thursday
night. "It hardly comes as a surprise."

For months, Fulton prosecutors have told The Atlanta Journal-Constitution
to expect an indictment soon.

On Thursday, Fulton prosecutor Al Dixon would only tell the AJC: "We'll
make an announcement if the case is presented" to the grand jury.

Police allege that Heatley lost control of his black Ferrari convertible
on Sept. 29, and plowed into a brick pillar and iron fence outside a
Lenox Road condominium complex. His estimated speed was 80 mph. Snyder, a
passenger, was fatally injured.

Within days of the crash, a blood-alcohol test showed Heatley was far
from legally drunk but had been drinking.

Samuel said he wants to bring in his own experts to determine the speed
at the time of the accident and to check for any possible defects in the
car.

Fulton prosecutors have not provided the defense team access to the car.

Speed is a big factor in this case. Since Heatley was not legally drunk,
prosecutors would have to prove he was driving recklessly for them to
treat the case as a felony instead of a misdemeanor.

Last month, Samuel said, prosecutors told him they were going to do more
tests and would allow a defense expert to be present at the state crime
lab.

"They were getting ready to test some module [from the wreckage] and an
airbag," he said.

However, Heatley's attorneys said they never heard back from prosecutors.

At the time the district attorney's office called the Snyders, Dan's
father, Graham, and brother, Jake, were on a tour of professional
baseball stadiums -- a trip they had planned to make with Dan.

Graham Snyder remained steadfast in his support of Heatley.

"Our position, as far as Dany Heatley, hasn't changed at all," Graham
Snyder said. "We support him, and hopefully things will work out for
him."

Graham Snyder said things were progressing well for a charity golf
tournament to be held in Dan Snyder's honor in the family's hometown of
Elmira on July 13. He said several Thrashers players were expected to
attend, including Heatley.

Graham Snyder said it was upsetting to have to sit by and watch the
process. His wife, LuAnn, was the one who received the call from the DA's
office.

"We're bystanders in [the judicial process]," Graham Snyder said.
"[LuAnn] listened basically and they explained to her what the procedure
was and what would be happening, and they said they would keep us
informed. If it goes to the grand jury, we would have the right to be
present, but from their standpoint they said they would not involve us in
the case. From the other side, the defense would be allowed to use us."

Thrashers general manager Don Waddell issued a statement before catching
a flight for a family reunion in Michigan. It read: "We have faith in the
legal system but until we have further information it isn't fair to
comment beyond that."

Heatley's agent, Stacey McAlpine, was similarly cautious.

"I don't know anything about it," he said. "I just got off the phone with
Dany about some other things, and that never came up. I don't have any
comments."