Attorneys for Driver in Fatal Crash Ask for Murder Charge to be Dismissed

(KNSI) — Defense attorneys for James Blue say they want the third-degree murder charge against their client dismissed.

Blue was charged with four counts of criminal vehicular homicide and two counts of third-degree murder after the crash on July 24th, 2021, that killed 20-year-old St. Cloud Cathedral High School grad Mack Motzko and 24-year-old Sam Schuneman.

Monday, Blue’s attorneys argued prosecutors don’t have probable cause to believe their client was in the state of mind required for the third-degree murder charge. According to a portion of the state statute for third-degree murder, it says, “Whoever, without intent to effect the death of any person, causes the death of another by perpetrating an act eminently dangerous to others and evincing a depraved mind, without regard for human life, is guilty of murder in the third degree.”

Investigators say around 11:30 p.m. that night, Blue was drunk and driving his Bentley at speeds between 94 and 99 miles an hour when he lost control and crashed on the 3100 block of North Shore Drive in Orono. Motzko, the son of former St. Cloud State University men’s hockey coach Bob Motzko, was pronounced dead at the hospital. Schuneman died at the scene.

According to the criminal complaint, Blue repeatedly said to officers, “I’m sorry,” admitted he was drinking and that he was “guilty.” Blue’s blood alcohol content was allegedly .175%, more than twice the legal limit for driving. Witnesses allegedly at a party at Blue’s Orono home say he had been drinking and doing drugs before getting behind the wheel.

Blue’s trial date is set for April 18th.

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