JACKSON, Minn. — A judge in southern Minnesota has acquitted a woman of vehicular homicide, ruling prosecutors failed to prove she was behind the wheel in the fatal crash.

The attorney for Lacey Marie White argued the state’s case was based entirely on circumstantial evidence and conjecture and that prosecutors failed to prove she was driving the pickup truck that crashed in Jackson County in October 2007 and killed Michael Unger. Witnesses testified Unger took White’s keys at the Hotel Whiskey near Heron Lake because she was intoxicated.

Jackson County District Attorney Robert O’Connor argued the every person who responded to the scene of the crash saw White behind the wheel.

The Worthington Daily Globe says District Judge Linda Titus granted the defense motion for acquittal Thursday and dismissed the jury.