Vehicular homicide trial to be delayed five months

Alexa Hoffman
Daily Record Staff Writer

The trial for a 42-year-old man accused of vehicular homicide has been delayed for about five months because of his attorney's personal problems.

Mark Allen Proctor also is facing a charge of driving under the influence in a Nov. 11, 2003, crash that killed Fort Collins resident Chu Kin (Britt) Graff at the intersection of Colo. 115 and Third Street in Penrose.

The 42-year-old's trial originally was set for June 21-24, then moved to Oct. 5-8 because his attorney, Dennis Hartley, requested additional time to file motions. It was reset Monday to Feb. 28-March 2.

The Colorado Springs man allegedly was driving his Ford Ranger pickup eastbound on Third Street when it entered the intersection and collided with Graff's Nissan Sentra, traveling south on Colo. 115. The accident apparently occurred at 2:37 p.m.

The 39-year-old woman, a 1983 graduate of Cañon City High School, was killed at the scene of the accident.

Proctor's driving under the influence charge was based on two blood alcohol content tests performed at Parkview Hospital within about three hours of the accident, one reportedly showing a .167 bac at 4:47 p.m. and the other reportedly showing a .138 bac at 5:55 p.m.

The legal limit for Colorado drivers is .10 bac.