In the early morning hours of September 30th, 2023, what should have been a routine drive through Anchorage turned into a fatal tragedy. A Toyota Tundra pickup was struck by an SUV at the intersection of Seventh Avenue and Bragaw Street. The impact was so violent that the pickup was engulfed in flames, leaving its driver dead and the other driver, Branderlyn Gage, seriously injured. Now, months later, Gage is facing manslaughter charges—a charge that could alter the rest of his life.

As prosecutors seek to hold someone accountable, the case highlights the extreme legal consequences of DUI-related fatalities in Alaska. For anyone facing similar charges, the importance of retaining an experienced private defense attorney cannot be overstated. Attorney Eric Derleth—The Trial Guy has defended many individuals charged in DUI fatality cases, including multiple murder charges, and has never lost a murder case.

Understanding Death by DUI Charges in Alaska

Alaska law provides multiple avenues for prosecutors to pursue charges when a DUI results in death. Each charge carries serious penalties, and the difference between them can mean the difference between a manageable sentence and life in prison:

Manslaughter (AS 11.41.120)

This charge, which Gage currently faces, is defined as recklessly causing the death of another person. It is a Class A felony with a maximum penalty of 20 years in prison.

Criminally Negligent Homicide (AS 11.41.130)

A lesser charge that applies when someone acts negligently rather than recklessly. This is a Class B felony, carrying up to 10 years in prison.

Second-Degree Murder (AS 11.41.110)

The most severe charge available for DUI-related fatalities. Prosecutors may attempt to argue that the defendant acted with extreme indifference to human life, elevating the charge to second-degree murder, punishable by up to 99 years in prison.

Prosecutors initially charged Gage with second-degree murder and DUI, but a judge dismissed those charges due to a lack of direct evidence that THC impairment caused the crash. However, the state has filed a motion for reconsideration, signaling their intent to push for the harshest possible penalties.

The Challenges of DUI Prosecutions in Alaska

DUI cases involving fatalities present a unique challenge for the prosecution. Unlike alcohol-related DUIs, where blood alcohol concentration (BAC) levels provide clear evidence of impairment, drug-related DUIs—especially those involving marijuana—are far more difficult to prove.

In Gage’s case, toxicology reports showed THC in his system, but the prosecution failed to establish a connection between that THC level and actual impairment at the time of the crash. Additionally, while Gage admitted to speeding and racing another vehicle, reckless driving alone does not automatically constitute second-degree murder. These legal complexities highlight the need for an experienced attorney who can challenge the prosecution’s narrative and cast doubt on their claims.

Why a Private Attorney is Crucial in DUI Homicide Cases

When facing a charge as serious as manslaughter or second-degree murder, the quality of legal representation can be the deciding factor in a person’s fate. Public defenders, while capable and hardworking, are often overburdened with extensive caseloads. They may not have the time or resources to challenge every aspect of the prosecution’s evidence.

A private attorney, particularly one with experience in high-stakes criminal defense, can:

• Conduct independent accident reconstruction to dispute prosecution claims.
• Challenge toxicology evidence, particularly in marijuana-related DUIs.
• Cross-examine state witnesses and law enforcement on procedural errors.
• Develop alternative explanations for the accident beyond impairment.
• Humanize the defendant, ensuring the jury sees the full story—not just the prosecution’s version.

Eric Derleth has built a reputation as Alaska’s premier DUI homicide defense attorney because he understands that every detail in these cases matters. He dissects forensic evidence, exposes weaknesses in the state’s case, and ensures that his clients receive the strongest possible defense.

The Real Cost of a Conviction

While hiring a private attorney for a manslaughter or second-degree murder case is undeniably expensive, it is a necessary investment. A conviction could result in decades behind bars, enormous fines, and permanent damage to personal and professional reputation.

Consider the costs of going to trial with an overburdened public defender:

• Less time dedicated to your case
• Fewer resources to challenge forensic evidence
• Minimal ability to secure expert witnesses
• Increased risk of conviction and harsher sentencing

A private attorney like Eric Derleth ensures that every possible defense strategy is explored, increasing the chances of reducing or even dismissing charges altogether.

What’s Next for Branderlyn Gage?

Gage is now in legal limbo, with an active arrest warrant and the state fighting to reinstate the second-degree murder charge. The prosecution will likely argue that his high speed, alleged racing, and red-light running show extreme recklessness. Meanwhile, the defense will focus on challenging the assertion that THC impairment contributed to the crash.

If Gage were to secure strong private counsel, his defense could focus on key factors such as:

• Challenging the THC evidence – Proving that his marijuana use hours before the accident did not cause impairment at the time of the crash.
• Disputing intent – Showing that while his actions may have been reckless, they did not meet the legal standard for extreme indifference to human life.
• Forensic analysis of the accident – Determining if other factors, such as road conditions or mechanical issues, contributed to the collision.
• Jury persuasion – Ensuring that the jury understands that an accident, even a tragic one, does not necessarily mean that the driver deserves to be labeled a murderer.

Time is Critical: Contact Eric Derleth Today

If you or a loved one are facing DUI-related homicide charges in Alaska, the time to act is now. Prosecutors will work tirelessly to secure the harshest penalties, and the best defense is an aggressive, well-prepared legal strategy.

Eric Derleth has a proven track record of success in defending against DUI murder and manslaughter charges. His expertise in forensic evidence, accident reconstruction, and cross-examining prosecution witnesses makes him the best choice for anyone facing these devastating allegations.

A single mistake should not define a person’s entire life. If you or someone you care about is in legal jeopardy, don’t wait—contact Eric Derleth today to ensure the best possible defense against serious DUI charges.