Manslaughter charges head to Lynchburg grand jury
UPDATE:
Two charges of involuntary homicide against a woman accused of drunken driving in a wreck that killed two men on Timberlake Road in April were sent to the grand jury Thursday.
Prosecutors declined to pursue a DUI charge against Amy Sue Phillips during the preliminary hearing before Judge R. Edwin Burnett in Lynchburg General District Court.
AssistantCommonwealth's Attorney Rebecca Wetzel said foregoing the DUI charge was a "procedural move" to streamline Thursday's hearing. She said prosecutors still could decide to ask for a direct indictment from the grand jury, which will convene July 2.
Phillips, 28, is charged in the April 21 deaths of John Hawkins of Lynchburg and Garry "Eddie" Moore of Spout Spring, both 26.
Lynchburg police testified Thursday that Hawkins was turning left from the westbound lanes of Timberlake Road into the Legacy at Linden Park apartment complex when the Honda Civic he was driving was struck at almost a 90-degree angle by Phillips' Ford Explorer.
Fire and EMS crews responded to the scene around 2:15 a.m.
A witness testified Thursday she noticed Phillips in the SUV come to an abrupt stop in the eastbound lane of Timberlake Road at a stoplight before the crash.
The witness was traveling in the same direction, and said the Explorer was out of her sight when the wreck happened. She estimated Phillips' speed at somewhere between 80 and 90 mph.
Officer Ronnie Sitler testified numbers from the accident reconstruction show the Explorer was traveling at 71 miles per hour at the time of impact, and the force spun the sedan around clockwise until it hit a curb, which then caused it to spin 180 degrees in the other direction.
Moore and Hawkins were pronounced dead at the scene.
Officer B.K. Torrence testified he arrested Phillips at Lynchburg General Hospital shortly before 5 a.m.
He testified Phillips said she had drunk two 16-ounce Coors Light beers and three mixed drinks consisting of vodka and cranberry juice.
He said a blood test administered at the hospital showed Phillips with a blood-alcohol content of .11 percent, and that he noticed Phillips had bloodshot eyes and smelled of alcohol.
The legal limit in Virginia is .08 percent.
Prosecutors previously said a blood test taken after the wreck showed a blood alcohol content of .17 percent.
Wetzel said the Commonwealth's Attorney's Office could decide to ask the grand jury to return indictments of aggravated involuntary homicide, if there is an element of "reckless and wanton" behavior above and beyond driving under the influence.
Phillips remains free on a $ 50,000 bond.
EARLIER:
Two charges of involuntary homicide against a woman accused of drunken driving in a wreck that killed two men on Timberlake Road in April were sent to the grand jury Thursday.
Prosecutors declined to pursue a DUI charge against Amy Sue Phillips during the preliminary hearing before Judge R. Edwin Burnett in Lynchburg General District Court.
Assistant Commonwealth's Attorney Rebecca Wetzel said foregoing the DUI charge was a "procedural move" to streamline Thursday's hearing. She said prosecutors still could decide to ask for a direct indictment on that from the grand jury, which will convene July 2.
Phillips, 28, is charged in the April 21 deaths of John Hawkins of Lynchburg and Garry "Eddie" Moore of Spout Spring, both 26.
Lynchburg police testified Thursday that Hawkins was turning left from the westbound lanes of Timberlake Road into the Legacy at Linden Park apartment complex on Misty Mountain Road when the vehicle he was driving was struck at almost a 90-degree angle by Phillips' Ford Explorer.
Fire and EMS crews responded to the scene around 2:15 a.m.
A witness testified Thursday that she earlier noticed Phillips in the SUV come to an abrupt stop in the eastbound lane of Timberlake Road at a stoplight.
The witness was traveling in the same direction, and said the Explorer was out of her sight by the time of the accident. She estimated Phillips' speed at somewhere between 80 and 90 mph.
Officer Ronnie Sitler testified that numbers from the accident reconstruction show the Explorer was traveling at 71 miles per hour at the time of impact, and that the force spun the sedan around clockwise until it hit a curb, which then caused it to spin 180 degrees in the other direction.
Moore and Hawkins were pronounced dead at the scene.
Officer B.K. Torrence testified he arrested Phillips at Lynchburg General Hospital shortly before 5 a.m.
He testified Phillips said she had drunk two 16-ounce Coors Light beers and three mixed drinks consisting of vodka and cranberry juice.
He said a blood test administered at the hospital showed Phillips with a blood-alcohol content of .11 percent, and that he noticed Phillips had bloodshot eyes and smelled of alcohol.
The legal limit in Virginia is .08 percent.
Prosecutors have previously said a blood test taken after the wreck showed a blood alcohol content of .17 percent.
Wetzel said the Commonwealth's Attorney's Office could decide to ask the grand jury to return indictments of aggravated involuntary homicide, if there is an element of "reckless and wanton" behavior above and beyond driving under the influence.
Phillips remains free on a $ 50,000 bond.
Read More @ Source US-Israeli owns Costa Concordia, Carnival: Billionaire Micky Arison loses big in shipwreck disaster
Criminal Stories Here
Comments