Suspect in collision that killed Alameda Sheriff dispatcher remains out of jail after debate over failed alcohol test
OAKLAND — A woman who was arrested and charged with killing an Alameda County Sheriff’s dispatcher in a suspected DUI crash has avoided returning to jail after a legal debate on the science of alcohol detectors, court records show.
Lynnette Davis, 32, was charged last June with vehicular manslaughter and drunk driving in the May 5 crash that killed Antoinette Finau, whose vehicle was broadsided as she drove to work. Davis was released from jail and enrolled in a supervised release program on Aug. 6, with the condition she wear an alcohol monitor and not consume alcohol while she’s out of custody, records show.
By mid-August, though, prosecutors were moved to violate and detain Davis after a failed test. A pretrial supervision officer wrote in a report that the monitor detected alcohol on Aug. 13 and continued to do so until Aug. 14.
But Davis denied she had been drinking, and instead said she’d spent much of the day cleaning her home. The defense provided a report by Joseph Anderson, a forensic consultant on alcohol consumption, who said the test results were well outside the “known range of ethanol elimination in the body” and therefore indicated a false reading.
“These observed behaviors raise significant doubt that these measurements were caused by consumed ethanol,” Anderson wrote. “Alternatively, the measurements could have been caused by other factors including but not limited to drift in calibration, environmental contaminates, and management of water.”
Davis’ godsister also submitted a letter denying Davis had any alcohol that day.
“This matter is very serious to Lynette. She has not and will not jeopardize her freedom, the chance to do right, and be in her daughter’s life,” her godsister wrote.
A judge denied the bid to jail Davis at a late August court hearing. Instead, Davis was reminded of the court order that says she can’t have alcohol and must enroll in an addiction program, court records show.
Finau was killed around 11:15 p.m. May 5, at the intersection of East 14th Street and 150th Avenue, the San Leandro Police Department said in a news release. Davis, who was not injured, had “obvious signs of intoxication” and failed a breathalyzer test, police said in court records. She was booked on manslaughter charges that same night.
Colleagues of Finau said at the time she dedicated her life to sharing joy, and left behind an 11-year-old daughter.
“Though her time with us was short, Antoinette impacted our agency with her sweet nature, kind heart, warm smile and pride in being the voice on the other end of a call for help,” her colleagues said on social media. “She was a loving mother, a sister, a daughter, and a friend to many. Rest well Antoinette. We will miss you.”