Anchorage Daily News

A drunken driver who fled police, ran two red lights and killed another driver was convicted Thursday of second-degree murder, according to the Anchorage district attorney.

After a weeklong trial, a jury also convicted Adam Milazzo, 27, of driving under the influence, felony eluding and assault for the July 2006 crash that killed 59-year-old Gene Burch, District Attorney Adrienne Bachman said.

In the minutes before the crash, police spotted Milazzo driving his red Ford Probe erratically on Northern Lights Boulevard and tried to stop him, but he initially did not see the flashing lights. When he did, he pulled into a turnout near Goose Lake Park, but not for long.

Milazzo rammed his way through patrol cars, leading police to pursue him for a short distance down Northern Lights before the chase was called off, Bachman said. The man sped on after police backed off, forcing other drivers to take evasive action, she said.

As he rushed through the second red light, at Boniface Parkway, Milazzo T-boned a white pickup at 80 mph, police said. Inside that vehicle was Burch, a People Mover bus driver headed home after his shift. Burch died at a hospital.

Toxicology screenings discovered that Milazzo, who was also seriously injured, had a blood-alcohol content of 0.19 as well as marijuana and morphine in his system shortly after the crash. The legal limit in Alaska is 0.08.

Defense attorney John Bernitz said Thursday night his client will likely appeal the verdict, in part because of evidence barred at trial that would have informed the jury of the full extent of Milazzo's injuries, which nearly killed him.

Milazzo doesn't remember the chase, Bernitz said, and he did not intend to hurt anyone -- a requirement for convicting of second-degree murder.

"I thought that was going to be a hard thing to prove because no one would have chosen to be (in the crash)," he said. "He was nearly killed, and he woke up wishing he died."

Bernitz argued at trial that his client committed manslaughter, not murder.

Prosecutor Daniel Shorey countered that Milazzo knew he was taking potentially deadly risks when he ran red lights and sped away from police.

Milazzo's sentencing is scheduled for Aug. 29, and he was taken into custody until then.

Milazzo, now a two-time DUI offender, must serve at least 20 days in jail on that charge, Bachman said. He is facing between 10 and 99 years in prison on the murder charge.

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