GRANTS PASS, Ore. – UPDATE: It’s been more than a year and a half since Grants Pass teenager Malachi Batty was hit and killed at a school bus stop. On Tuesday, the young man that killed him faced his first day of trial.
Now 23-year-old Christoper Faibish was 21 when he hit 15-year-old Malachi at the corner of Redwood Ave and Wineteer Lane on March 10, 2017. As he sat in court, Faibish listened as the prosecution and the defense made their opening statements to the judge during what will be a three-day bench trial.
The family of Malachi was also in attendance for the opening statements. For Malachi’s father, Mel Batty, it was raw and unnerving at times but he felt it was necessary for him to see this trial through.
“I don’t know it just felt to be my… something I needed to try to follow through with,” said Batty.
In the opening statements, the prosecution led by Josephine County Chief Deputy D.A. Lisa Turner laid out the two charges at the heart of the trial – criminally negligent homicide and possession of heroin.
The defense led by Faibish’s attorney Donald Scales say they will not be contesting what happened. Faibish did hit and kill Malachi at the bus stop but Scales argues it wasn’t criminally negligent.
“This is a tragedy and our hearts go out to the family but this is not criminal,” he said.
What is in question is whether Faibish’s use of heroin, which he admitted to having used the night prior to the accident, had any impact on his driving and hitting Malachi.
“His use of drugs is critical to this case because it’s why the defendant fell asleep behind the wheel of the car,” said Turner.
Police reports showed there were traces of heroin on a knife found in Faibish’s truck and that he admitted to police that he had been sober a year and then relapsed several months before the accident. Faibish’s attorney pointed to the fact that he had been very transparent and willing to cooperate with police as a reason why this wasn’t criminal.
However, as the prosecution showed and the defense acknowledged, Faibish lied in his original report saying that a car had pulled out in front of him causing him to swerve, lose control and drive into Malachi. From surveillance footage gathered from nearby businesses on the portion of Redwood Ave where the incident occurred, all footage showed there had been no car that pulled out in front of Faibish.
His attorney admitted that Faibish’s original account had been a mistake as he was still troubled and reeling from what he had just done to Malachi.
“What we have here is a young man who was appropriate at the scene,” said Scales. “In his developing 21-year-old mind he told police a fib, a lie at the scene and continued to go with it. He was still shocked.”
Several witnesses were cross-examined throughout the day with the state and the defense even sparring at times over the questions asked of some.
For Mr. Batty though, nothing that happens in Josephine County court will bring back his son.
“It was all avoidable,” he said, trailing off. “The drugs and how things were handled…”
But he wants Faibish to know he forgives him.
“It’s kind of like…,” said Batty. “If things had been different he – as far as I’m concerned – he’d still be around.”
The trial is expected to wrap up Thursday. The judge is expected to rule on the charges possibly as soon as that day.
It’s unclear if Christopher Faibish would be sentenced on that day as well.
A man accused of hitting and killing a Grants Pass teenager was back in court Tuesday.
Police say Christopher Faibish hit Malachi Batty with his truck in March of 2017 while Batty was waiting for a school bus.
According to investigators, there were traces of heroin in Faibish’s truck. He was arraigned last year and faced charges of criminally negligent homicide and possession of heroin.
During a court appearance on November 13, Faibish’s defense argued the incident was not criminal. They didn’t deny Faibish was a heroin addict and had probably used the drug within 24 hours prior to the crash.
NBC5 will have more updates about this story as Faibish’s court appearances continue.
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