MANHATTAN- Joshua Michael Mall, 39, Riley, appeared in Riley County Court on Tuesday for a motions hearing 2nd-degree murder trial.

Several items are under consideration by the Judge with motions to suppress a refused blood test and whether Mall’s previous Colorado conviction of vehicular manslaughter could be brought before the jury during the pending trial.

Mall was originally arrested on a charge of 2nd degree murder by the Riley County Police Department in October 2015, when he was involved in a fatality accident that took the life of his 6-year-0ld daughter.

Mall was driving a 2001 Ford Ranger traveling in the 2400 Block of Tuttle Creek Boulevard. He lost control of the vehicle at Northfield Road and collided with a 2013 Chevy Cruz.

Immediately following the initial impact the Ford left the roadway and collided with a tree.

A child in the Ford, Madilyn Mall, 6, Riley, was transported to Via Christi where she died.

The state called several members of the RCPD that responded to the scene of the accident, including Detective Joseph Ehrlich, Captain Josh Kyle and Officer Jacob Wilson, who was the first responder on scene.

Officer Wilson testified that he arrived at the scene just after the accident happened around 7:15 p.m. where he found a pickup truck wrapped around a tree with major damage. Upon approach he saw the driver, Mall, outside of the vehicle holding himself up, possibly do to injury, with blood on his head.

Mall told the officer that he was o.k. and to check on his daughter.

Wilson went to the other side of the vehicle where an off duty member of the Manhattan Fire Department was trying to administer aide to Madilyn Mall, but she was not responsive and did not show any signs of life.

After transport to the hospital and receiving aide in the trauma ward, Mall was transported to get x-rays, when it was found he had a broken neck.

Wilson was told Mall was to be transferred in thirty minutes to another hospital. After conversing with Captain Kyle and the lead detective on the case, Wilson asked nurses at the hospital at the administer a blood test. Mall told the officer that he had drunk a little and did not consent, but the blood test was still given.

There is a ruling in Kansas that blood can be taken without a warrant if there was enough reasonable suspicion that the driver was intoxicated, which was taken into account and discussed by police before the blood test was done.

Thurston argued against Disney’s motion to include a case of vehicular manslaughter Mall was convicted of in Colorado, on grounds that it would prejudice the jury.

According to Disney, presenting the Colorado case to the jury would not set prejudice, but would show them that Mall was aware of the consequence of the actions of drinking and driving a vehicle.

The Judge has yet to issue a ruling on the motions. The Post will release additional details as they become available.