Passenger Changed With Vehicular Homicide In Crash

by Mark Bellinger

NASHVILLE, Tenn. – A vehicular homicide charge against a passenger may be the first of its kind in Nashville, according to the Metro Police.

A young woman faces charges stemming from a drunk driving incident in December, even though she was NOT driving the car.

Two pedestrians were killed in the wreck.

The crash happened early on a Saturday morning. It was December 10, 2012 on Demonbreun Street near the Music Row roundabout.

Michael Brooksher and Tommy Allen, both in their early 20s were hit by a car as they crossed the street. They both died from their injuries.

The Toyota Scion that hit them also ran head on into a taxi, and then drove away.

Police charged not only the driver, Trevor Bradshaw, with vehicular homicide, but also his passenger Erin Brown.

NewsChannel 5 Legal Analyst Nick Leonardo said it's the law, and anyone who drinks alcohol needs to understand it.

"If she knew the individual she gave the keys to was not in a position to be driving the car legally, then she has criminal liability," said Leonardo.

Bradshaw was driving, but Brown owned the car.

Officials with the Metro Nashville Police Department said this may be the first case of a passenger being charged with vehicular homicide in Nashville.

Charges for passengers have been more common in DUI cases.

"I believe we saw that with Steve McNair," said Leonardo.

Five years ago the late Titans quarterback was charged with driving under the influence when he gave the keys to his pickup truck to his brother-in-law.

Police charged both men with DUI.

A DUI charge is serious, but vehicular homicide is another ball game.

"It's the old owner operator statute and it comes from criminal responsibility of another – the old 'aiding and abetting' in a crime," said Leonard.

Michael Brooksher's father has sued Brown and Bradshaw for $ 10 million. He declined an interview, but gave NewsChannel5 a written statement.

Jeffrey Brooksher wrote, "The law was set in place for this purpose. It was set in place for people who knowingly were involved to stand accountable as well. In my opinion, it would [have] been safe for all involved for them to take a taxi home. She knew he had been drinking and still handed over the keys to him, does that make her any less at fault? Michael and Tommy were 22 and 23 years of age. They were full of life and had a very good future ahead of them, but it was taken from both of them. I would have gave anything for it to been me instead of them killed. Our children are our most important things in life. They are our life. I have every confidence in our DA's office. We can only pray for justice to be served."

Brown and Bradshaw have been scheduled to be in court Thursday, where prosecutors will present some of the evidence against them.

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