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Woman Convicted In Deadly Crash Will Ask For Judicial Release

UPDATED: Tuesday December 3, 2013 5:49 AM

A Fairfield County woman will ask a judge for judicial release on Tuesday.

Caitlin DeMastry is in prison for a 2009 deadly crash that killed a father.

DeMastry was re-sentenced in March of 2011, after part of her conviction was overturned.

DeMastry was convicted of involuntary manslaughter and tampering with evidence in March of 2010, but an appeals court overturned her conviction on the manslaughter charge.

An appeals court said there was not sufficient evidence to convict DeMastry of involuntary manslaughter.   

She was re-sentenced in March of 2011 to four years in prison on the tampering with evidence charge.  

DeMastry called 911 after the crash in February 2009 but claimed she was not driving.   

Prosecutors said she was intoxicated on the night of the crash but police never tested her for alcohol because she told them she was a passenger in the car.   

Charles Cain was killed when he was struck by the car DeMastry was driving.   

Cain, 27, was walking on the street when he was struck. Police said DeMastry drove for a half mile with Cain on her windshield before stopping.  

DeMastry's judicial release hearing is scheduled for 3:00 p.m. Tuesday.

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