CAPE CORAL, Fla. (WINK) — A Lee County judge has granted a new trial for a woman convicted of vehicular homicide in a 2024 Cape Coral street racing crash that killed a 52-year-old man.
Judge Bruce Kyle granted Anastasiya Zadorozhna’s motion for a new trial on Monday, Oct. 19, according to a court public information officer.
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A status hearing is scheduled for Thursday, Oct. 29, before Judge Robert Branning.
Zadorozhna was convicted of vehicular homicide in August in connection with a July 19, 2024, crash on Pine Island Road in Cape Coral.
According to the State Attorney’s Office, Zadorozhna was street racing when her vehicle collided with another car, killing its driver.
The decision to grant a new trial follows an Oct. 5 motion filed by Zadorozhna’s attorney, Rene Suarez, challenging the testimony of co-defendant Chase Magruder.
In the motion, Suarez argued that Magruder, the only eyewitness to the crash who testified at trial, misled jurors about an agreement concerning his potential sentence.
According to the motion, Magruder testified that he had entered an open plea and did not know what sentence he would receive, although the defense alleged he had already accepted an arrangement limiting his incarceration to four years.
Suarez argued that the information was critical to evaluating Magruder’s credibility and should have been disclosed to jurors.
The motion also stated that Magruder testified Zadorozhna had lowered her window, looked at him and smiled shortly before the collision. The defense said that testimony was used to challenge its argument that Zadorozhna was experiencing a diabetic medical episode that impaired her cognition at the time of the crash.
The State Attorney’s Office previously described Magruder’s plea as an open plea rather than a negotiated plea agreement.
In its motion, the defense argued that the jury had been deprived of information relevant to Magruder’s credibility and requested a new trial.
The court public information officer confirmed Tuesday that Kyle granted the motion but did not provide the judge’s reasoning for the decision.
Zadorozhna’s next court appearance is scheduled for Oct. 29. A date for the new trial has not been announced.