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Appeals court upholds conviction in DWI crash that killed Brunswick Co. mom

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BRUNSWICK COUNTY, NC (WWAY) -- The North Carolina Court of Appeals has upheld the conviction of a man in a drunk driving crash that killed a Brunswick County mother.

Last year a jury found Daniel Brennick guilty of second degree murder, felony death by motor vehicle and DWI in the crash that killed Satu Harris near Southport in May 2010. A judge sentenced Brennick to at least 15 years in prison.

Brennick's attorney appealed saying the trial judge was wrong when he denied Brennick's motion "to suppress evidence resulting from a warrantless, compelled blood draw sample" while Brennick was unconscious and being prepped for surgery. An appeals panel disagreed ruling the investigating trooper had probable cause and that exigent circumstances, specifically that he might not have access to Brennick once he went into surgery, justified the blood draw without a warrant. Doctors amputated Brennick's leg during surgery.

The judges, though, did write in their opinion that the officer could have used technology to video conference with a magistrate to get a search warrant. They said the scenario was "exactly the sort contemplated by the Legislature in which police officers should take advantage of advances in technology to speed and simplify the process of acquiring a search warrant."

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A bad apple

This was not his 1st conviction for driving under the influence. In 2007 he was caught and given a suspended sentence. Throw in a violation of a protective order (2010)and an assault on a peace officer(2006)and and you have a person who has created his own destiny.

The "legal wranglng" that goes on with cases like this...

...is nothing less than total bulls**t! A warrant should not be required or used as a "technicality" in a case like this. This was a total waste of taxpayer monies and a great exercise by a cheap, ambulance chasing attorney. This sort of waste needs to be put to an abrupt end!
I hope Brennick has to spend every last minute of his sentence in his new home snuggling with Bubba and during that time can at least grow enough of a conscience to own up to the fact that he killed the mother of 3 little girls! What a worthless POS!

drunk killed mother

Good! Why should he be set free? Who does this drunk think he is? He killed a woman! I don't know her but her parents and the children left with no mother do. God bless those children. It is hard without a mother. I know because a drunk in Brunswick Co killed the mother of three little girls who I watch miss their mother every day as they will all their lives. No amount of prison time is enough for these drunk driving murderers. They chose to drive drunk. They took a life. In my opinion they should never be set free. That woman never gets to see her children grow up. they never feel their mother's love ever again.
Good going court system in keeping this one locked away. Now keep locking away the habitual offenders before they kill our loved ones!

re: drunk killed mother

Amen!