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Local - Crime & Courts

Thursday, May. 07, 2009

Prosecutors charge Modesto woman with murder in hit-and-run death

- sherendeen@modbee.com
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The Stanislaus County district attorney's office threw the book at a suspect in a fatal hit-and-run wreck, charging Jennifer Cowgill with second-degree murder, gross vehicular manslaughter while intoxicated and driving while her license was suspended.

At Cowgill's arraignment today, Superior Court Judge Marie Silveira set bail at $2 million and appointed a public defender.

Cowgill, 23, of Modesto pleaded not guilty to all charges. She should not have been on the road because her driver's license was suspended after a misdemeanor drunken driving conviction two years ago.

To convict her of murder, a judge or jury would have to believe Cowgill knew her reckless behavior could produce fatal consequences. Her prior conviction, and the requirement that she complete drunken driving education classes, likely set the stage for the stiff charge.

"We look at all the factors when deciding whether to charge these cases as murders or not," said Deputy District Attorney John R. Mayne.

Police say Cowgill was behind the wheel of a black Ford Explorer at about 8:20 p.m. Tuesday night when she struck a motorcycle while turning left from El Vista Avenue onto Haddon Avenue.

Motorcycle driver Irvin Tefertiller, 51, was knocked off his bike as the SUV dragged the motorcycle about 100 feet, a witness said. Tefertiller, a retired roofer and father of five, was pronounced dead at a hospital.

The witness gave chase as Cowgill removed her shoes and fled on foot. She later agreed to wait for the authorities.

It is unusual, but not unheard of, for prosecutors to file murder charges in a drunken driving case.

A 2004 wreck that killed a couple from Delhi led to second-degree murder charges against Charlyn Wood, 44, of Turlock, who had been convicted of misdemeanor drunken driving nine years earlier.

A jury opted for a lesser charge, saying Wood was guilty of two counts of gross vehicular manslaughter while intoxicated.

Wood was sentenced to eight years in prison.

Lisa Flores, a friend of Cowgill, said Cowgill is a "sweet girl" who loves her 4-year-old son. Cowgill struggled with a drinking problem in the past, said Flores, but she had pulled her life together recently.

Cowgill was attending Modesto Junior College and spending nights at home with her son, said Flores. Cowgill and her son were at a child's birthday party before the accident, Flores said. The child was not in the car during the accident.

"She would never hurt anybody," Flores said. "It's totally out of character. It was a total accident."

Bee staff writer Susan Herendeen can be reached at sherendeen@modbee.com or 578-2338. Reporter Leslie Albrecht contributed to this story.

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