Pastor Faces New Charges - NBC Right Now/KNDO/KNDU Tri-Cities, Yakima, WA |

Pastor Faces New Charges

KENNEWICK, Wash. - The charges in the case of the Lutheran pastor accused of killing a teenage girl with his car changed Monday. Randall Foos now faces charges of Vehicular Homicide instead of Manslaughter.

It's been almost been three years since Foos allegedly hit and killed 19 year old Sara Casey with his car on Clearwater Ave.

Prosecutors originally charged him with second degree Manslaughter. But Foos' defense argued Washington case law states you can't charge a driver who kills someone in car accident with Manslaughter.

So Monday prosecutors changed the charges to Vehicular Homicide.

"It's not the defendant's fault the prosecutor did what they did in this case. Fortunately, we picked up on this error before the start of trial," said Attorney Diehl Rettig. 

To prepare for the new charges the defense filed a motion to postpone the case, but that didn't sit well prosecutors.

"We have a number of witnesses who made extensive efforts to make themselves available for court," said Prosecutor Terry Bloor.

The judge agreed and decided to move on as scheduled. He explained there's not that big of a difference between second degree Manslaughter and Vehicular Homicide. However, prosecutors must prove Foos had a clear disregard for human safety.

Jury selection also began Monday, and will most likely continue on Tuesday.