Marine vet Schwally, accused of causing a tragic crash that killed four people and injured several others in Deer Park, is attempting to have the murder charges against him dropped. His attorney claims his conduct does not meet the criteria for second-degree murder under the depraved indifference standard. Following the crash, which revealed Schwally had a blood alcohol content of 0.17%—more than double the legal limit—he faces significant legal consequences, including potential life imprisonment if convicted on multiple charges, including murder.
Some of the conduct alleged to have been committed by Schwally does not rise to the standard laid out in the depraved indifference murder statute.
Schwally's toxicology report came back with a .17 percent BAC- more than double the legal limit of .08 percent at the time of the crash.
If convicted, Schwally is facing 25 years to life in prison, Judge Ambro said in court.
He pleaded not guilty to the DWI charge and was held on $1 million cash bail, according to authorities.
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