Conviction?

A 16-year-old Monument boy charged with vehicular homicide in a crash in which a Lewis-Palmer High School classmate died pleaded not guilty Tuesday.

A Feb. 21, 2006, trial date was set for Michael Toter in the Jan. 19 death of Sara Michelle Losasso, 14.

Toter is charged as an adult and faces two to six years in prison if convicted of reckless vehicular homicide, a felony.

Toter's lawyer and prosecutors have been negotiating to settle the case out of court but were unable to reach an agreement by Tuesday, Deputy District Attorney Jack Roth said.

Toter, who had turned 16 two months before, was driving a 2000 Dodge Neon at least 54 mph north on Monument Hill Road in a 45-mph zone as he approached a 90-degree curve, according to the state patrol. Toter lost control in the curve and slid into the southbound lane where a GMC Suburban heading south slammed into the passenger side, according to the accident report.

Losasso, who was in the front passenger seat, was pronounced dead at the scene. Toter, two teenagers in the back seat of the Neon and the driver of the Suburban were treated for injuries at Memorial Hospital and released.

Roth said in court that he is investigating reports that Toter may have been driving more than 90 mph. He wouldn't say what the 90- mph estimate was based on.

"I can't get into the facts of the case, but based on my review, it seems there was an element of reckless driving involved," he said.

Toter's attorney, Ed Farry, said at worst his client was exceeding the speed limit by a few miles per hour.

Farry criticized prosecutors' decision to charge Toter as an adult considering his age, his lack of a criminal record and the fact that alcohol or drugs weren't involved. Toter should have been charged as a child with careless driving, a misdemeanor, Farry said.

"Speeding isn't reckless," he said. "People speed all the time, and they're not charged with being reckless. And here they are prosecuting this kid who has never been in trouble a day in his life."

An expert hired by the defense calculated Toter's speed at 52 mph, close to the state trooper's calculation, Farry said.

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