Vehicular Homicide Suspect: Evidence Was 1 Minute Late She wants it tossed By Newser Editors and Wire Services Posted Oct 22, 2015 4:20 PM CDT 53 comments Comments Stock image (Shutterstock) (Newser) – A Pennsylvania woman is fighting to exclude blood-alcohol evidence in her drunken vehicular homicide case by arguing the sample was drawn one minute too late. The Bradford Era reports police acknowledge a phlebotomist drew 22-year-old Kaitlyn Crosby's blood sample two hours and one minute after state troopers responded to the Dec. 14 accident. Defense attorney Gary Knaresboro says the law requires blood to be drawn within two hours. Crosby, of Austin, is charged with killing one pedestrian, 62-year-old David Croyle, and maiming another while driving drunk in Shippen Township, Cameron County. The most serious charge she faces, vehicular homicide while driving drunk, carries a mandatory three- to six-year prison sentence. Prosecutors want a judge to allow the evidence, given the limited access to medical facilities in the rural area.