Judge schedules new trial in death after suspected road rage incident in Turlock

Attorneys failed to agree to a plea deal, so a judge has scheduled a second trial for a defendant accused of beating to death a 67-year-old man in a road rage confrontation in Turlock five years ago.

Michael Joseph Hoyt, 55, initially was charged with second-degree murder in Ken Winter’s death.

The jury, however, unanimously agreed that Hoyt was not guilty of the murder charge. It also found him not guilty of two levels of voluntary manslaughter. But the jurors couldn’t unanimously agree on the lesser charge of involuntary manslaughter.

The May 2013 hung jury forced Stanislaus Superior Court Judge Ricardo Córdova to declare a mistrial.

Because of the verdict, the Stanislaus County District Attorney’s Office filed new charges against Hoyt: involuntary manslaughter and assault likely to inflict great bodily injury. For two years, the homicide case has remained stalled by filed motions, courtroom arguments and plea deal negotiations.

On Wednesday morning, Deputy District Attorney Wendell Emerson told the judge both sides were unable to reach a plea deal.

Judge Córdova scheduled the second trial to start Feb. 2. It is estimated that the second trial, same as the first, will last four to five weeks. The judge also scheduled Hoyt to return to court Jan. 13 for a trial readiness hearing. The defendant remains free on bail.

Frank Carson, Hoyt’s attorney, asked the judge to order Winter’s widow, Berniece Winter, and her daughter, Jeniffer Winter, to return for the trial. Carson told the judge that he will be calling them up to testify in the trial. The judge granted the attorney’s request.

The confrontation between Hoyt and Winter occurred about noon Feb. 1, 2010, at Linwood Avenue and Paulson Road. Hoyt has said he thought Winter didn’t stop at a stop sign and almost struck his pickup. A witness testified that she saw Hoyt hitting Winter, who was in the fetal position trying to protect himself.

Hoyt testified that Winter lunged at him first, and that he fought back in self-defense as the two men struggled on the ground. He said Winter was not in the fetal position.

Authorities say after the confrontation, both men got back in their vehicles. Winter drove to his sheet-metal shop, where he lost consciousness.

A forensic pathologist testified that Winter died from a ruptured spleen caused by blunt force trauma, and that his injuries were consistent with someone who had been severely punched. The prosecutor has argued that Winter’s face was so swollen, he was unrecognizable to his family.

Winter was intoxicated when he died, with a blood-alcohol level of 0.20 percent, more than twice the legal limit of 0.08 percent to drive.

This story was originally published July 16, 2015 at 1:09 PM with the headline "Judge schedules new trial in death after suspected road rage incident in Turlock."