Sonora, CA - District Attorney Cassandra Jenecke announced today that on November 20, 2024, a jury found Tammi Lee Ann Truschke guilty of second degree murder, driving under the influence causing injury, driving with a blood alcohol concentration of 0.08% or more causing injury, and found true the special allegation that she caused coma and brain death to victim James Lee Kenyon Jr. During a court trial held on November 21, 2024, the Honorable Kevin M. Seibert found true the allegations that Truschke had a prior Tuolumne County DUI conviction from 2020, that she had a prior serious/violent felony conviction for her 2009 Oregon Attempted Robbery conviction, and that six aggravating factors were true. The aggravating factors included that (1) the crime involved great bodily injury, (2) Truschke engaged in violent conduct causing a risk to the public, (3) Truschke's prior criminal history was numerous and increasing in seriousness, (4) Truschke had served a prior term in prison, (5) Truschke was on probation at the time of the offense, and (6) Truschke's prior performance on probation was unsatisfactory.
This conviction stems from a May 11, 2023 motor vehicle crash on Highway 108 west of Draper Mine Road. Kenyon was traveling westbound when he turned on his blinker and slowed to make a left turn into the Athena's Closet parking lot. Truschke was driving behind Kenyon at a speed of 64 miles per hour. She did not see him in time and was only able to reduce her speed 0.3 seconds before colliding into Kenyon's car, pushing him into the eastbound lane of travel. This caused opposing driver Samuel Luce to collide with Kenyon's vehicle a mere 0.9 seconds later. Luce's vehicle overturned from impact. Eyewitnesses on scene noted Truschke smelled of alcohol and was potentially intoxicated. Truschke was later contacted by law enforcement and arrested for driving under the influence of alcohol causing injury. Kenyon never regained consciousness and died from his injuries on May 13, 2023. Truschke was no stranger to the dangers of drinking and driving. She had three prior DUI convictions (2009 - Oregon, 2016 - North Dakota, and 2020 - Tuolumne County), had previously been a victim in a DUI crash, and had completed alcohol counseling, victim impact panel, and the 18-month multiple offender DUI course through Kings View.
The jury listened through 5 days of evidence and argument, hearing from over 25 witnesses and receiving over 50 exhibits into evidence. This included hearing from Truschke herself that an unknown FedEx truck driver caused the crash and that she had consumed hard alcohol on scene after the crash. However, the jury saw through these falsely concocted defenses and returned their verdict in just over an hour.
DA Jenecke stated today, "This case demonstrates what we all know to be true - drinking and driving is extremely dangerous to human life. Despite her extensive personal knowledge about that danger, Truschke chose to drive under the influence of alcohol while speeding and distracted. As a result, she murdered James Kenyon Jr. We are incredibly grateful to the jury for returning the only true and just verdict in this case."
This case was prosecuted by DA Jenecke, investigated by the California Highway Patrol - Sonora, and James' family was supported by Victim Witness Services Supervisor Kelsey Stone.
Sentencing is set for December 18, 2024, at 1:30 PM in Department 1 of the Tuolumne County Superior Court. Her potential exposure at sentencing is 35 years to life in prison.
