Sherwood man takes stand in fatal DUII crash

A Sherwood man on trial on manslaughter and DUII charges in a crash that killed a 2-year-old Bend girl took the stand to testify Tuesday afternoon, admitting tearfully that he was responsible for her death.

Authorities say that on Sept. 11, 2016, David Fincher was driving under the influence, crossed the center line of Highway 20 west of Tumalo and crashed into two cars, killing 2-year-old Marley Peterson, of Bend.

During his time on the witness stand, Fincher spoke about his struggle with alcohol addiction, detailing when it got to a point where he drank every night after work and wound up in a treatment program, eventually relapsing.

In the lead-up to the day of the crash, Fincher said he bought three bottles of alcohol, one of which was a fifth of rum that he bought a day earlier. It was found that 24 ounces were missing from the bottle of rum, which equates to 16 1.5 ounce shots that he said he drank that night at a campsite in his parked car in Estacada.

Then, Fincher said he woke up the next morning, saying he felt fine to drive, and crashed shortly thereafter. He said he does not remember much from the drive or the crash, but he does recall hearing a voice after the crash, screaming, “You killed my baby!”

He mentioned being dazed and not fully aware of his surroundings after the crash. The prosecution argued that Fincher’s actions after the crash demonstrate recklessness and extreme indifference to human life. The defense disputes that, saying his actions were the result of trauma.

The last question the defense attorney asked of Fincher was: “Are you responsible for the death of Marley Peterson?”

“Yes,” he replied tearfully, his voice choked with emotion.

Peterson’s family in attendance were also tearful during the afternoon’s processions, often hugging one another as Fincher recounted details from the lead-up to the accident.

Final arguments in the trial are scheduled for Wednesday at 9 a.m.