Court upholds Heidgen conviction

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“When viewed in the light most favorable to the People, there was legally sufficient evidence to support Heidgen’s convictions for depraved indifference murder,” he wrote.

Lippman noted that Heidgen drove for nearly two miles on the parkway without reacting to other drivers coming at him, car horns or wrong-way signs. He also said that a toxicologist testified that Heidgen’s blood alcohol level would delay his reaction time but not render him incapable of reacting at all.

"Based on this evidence, the jury could have found that, despite defendant’s intoxication, he perceived his surroundings,” Lippman wrote. “The jury could have reasonably concluded that defendant drove, knowing that he was on the wrong side of the road and with an appreciation of the grave risks involved in that behavior. One who engages in what amounts to a high-speed game of chicken, with complete disregard for the value of the lives that are thereby endangered, is undoubtedly an individual whose culpability is the equivalent of an intentional murderer."

Harrington was not immediately available for comment.

Long Beach Police Commissioner Mike Tangney, uncle to Katie’s mother, Jennifer, praised the court’s ruling, which came a week after Katie's birthday.

“It’s been a tremendous relief for us — a tremendous weight has been lifted off our shoulders,” said Tangney. “There were so many potential ways that this could have gone, anything from a retrial to a vacated plea to time served — the possibilities were endless. The most important thing going forward is that they did away with excuses — the excuse for being drunk is no longer viable.”

Tangney said that the family had feared the possibility of a decision in Heidgen’s favor.

“For the week of the crash and on Katie’s birthday, we never talk — it’s just too hard,” Tangney said. “I don’t like the word closure — this is something that everyone is going to carry with them for the rest of our lives, but we don’t have to worry about any more court hearings for at least another 10 years, when he’s up for parole.”

Anthony Rifilato contributed to this story.

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