Murder Suspect Wants Evidence Tossed

BILLINGS - More than a year after a Texas man was charged with driving drunk and killing a Missoula couple on I-90, he's still awaiting trial. On Tuesday, Corey Jay has asked a judge to throw out his blood test so it can't be used as evidence. Jay's attorney cites a 2009 Montana Supreme Court ruling where a blood test for a Kalispell woman was tossed out after authorities failed to offer her an independent blood draw. She was still convicted of negligent homicide. Now, the defense says Jay's blood test should also be thrown out for the same reason. State law requires police officers to offer a suspect an independent test even if they are at the hospital. Corey Jay has already plead not guilty to two counts of felony vehicular homicide and two counts of felony criminal endangerment. Court documents say on October 3 of last year, Jay crossed the median of I-90 and slammed head on into a car killing David Hanson and Janice Thomas of Missoula. Prosecutors say Jay's blood alcohol level was .095 at the time of the crash.

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