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U.S. WANTS TO TRY ENVOY IN AUTO FATALITY

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The United States wants to prosecute a Republic of Georgia envoy for the death of a 16-year-old girl in a car crash, but the driver could escape charges if his government sends him home instead.

A U.S. attorney asked Wednesday for a waiver of diplomatic immunity so prosecution could go forward against Gueorgui Mak-harad-ze, 35, who is accused of driving at a high speed and possibly under the influence of alcohol in the accident Friday night in downtown Washington."It's a virtual certainty we will try to get his (the envoy's) diplomatic immunity lifted," State Department spokesman Glyn Davies said.

U.S. attorney Eric Holder Jr. requested the waiver for Mak-harad-ze, the second-ranking diplomat at the Georgian Embassy, in a letter to the State Department.

"The U.S. attorney views this as prosecutable," said spokesman Kevin Ohlson. "We believe there is ample evidence to believe criminal conduct occurred in this case."

Davies quoted Holder's letter as saying there was sufficient evidence to seek a grand jury indictment of Makharadze on charges ranging from negligent homicide to second-degree murder.

State Department spokesman Nicholas Burns previously has said the U.S. government wanted Makharadze to face trial in the United States, but he suspected the government of Georgia would not agree to waive immunity and would opt to send the diplomat home instead.

The Georgian Embassy said Wednesday night it had no statement to make. Attorney Robert Bennett, who is representing the Georgian government, didn't immediately return a telephone call seeking comment.

Makharadze's attorney, Paul Perito, said he was conducting his own investigation.

"We believe there are several unknown, key facts that need to be determined," Perito told WTTG-TV. "Even though Mr. Mak-harad-ze is not an American citizen, he is entitled to the same presumption of innocence accorded to any American citizen in a similar situation."

It's highly unusual for governments to waive immunity.