Tip:
Highlight text to annotate it
X
THROWN OUT.
THE DECEMBER CRASH KILLED
TWO C-N-U STUDENTS.
34 YEAR OLD JESSE LEON
EVANS WAS CHARGED WITH
TWO COUNTS
INVOLUNTARY MANSLAUGHTER,
THREE COUNTS OF MAIMING
BY DUI, AND
HAVING TWO DUI'S IN FIVE
YEARS. BUT NOW THE DUI
MIGHT BE GOING
AWAY.
ANDY FOX IS HERE TO SORT
OUT THE LEGAL TUSSEL OVER
DUI.
THE TWO SIDES ARE ARGUING
OVER WHEN EVANS WAS
ARRESTED FOR DUI.
EVEN IF EVANS IS NOT
CHARGED WITH DUI THAT IS
ONLY ONE PIECE OF
EVIDENCE IN THE CASE
AGAINST HIM. BUT THE
DEVELOPMENT HAS
LED TO A DELAY IN
BRINGING THE CASE TO
TRIAL.
( 9-1-1 CALLS)
RUNS;03 THE 911 CALLS
CAME SCREAMING IN EARLY
MORNING HOURS OF DECEMBER
4TH 2011 (911 CALLS)
RUNS;03 (47;03) ((I DON'T
LIKE THE FACT MY CLIENTS
IN JAIL IT SHOULD HAVE
BEEN TODAY))
RUNS;06 ATTORNEY RON
SMITH REPRESENTS
34 YEAR OLD JESSE LEON
EVANS ACCUSED OF DRIVING
THE WRONG
WAY ON INTERSTATE 64
SLAMMING INTO A CAR
CARRYING FIVE PEOPLE
KILLING TWO
CNU STUDENTS SIERRA SMITH
AND HER ROOMMATE KIM
BRIN.
(42:52 17) ((THERE WAS NO
ARREST HERE. HE
WAS CHARGED MONTHS MONTHS
LATER WITH DRIVING UNDER
THE
INFLUENCE)) RUNS: 07
INDICTED BY AN AUGUST
GRAND JURY SMITH ARGUES
STATE POLICE DID
NOT PROPERLY ARREST EVANS
FOR DUI
(41:43 17) ((MR. EVANS
WAS NOT ARRESTED
WITHIN THREE HOURS OF THE
OFFENSE SO THE TEST
DOESN'T COME
IN. IT'S PRETTY BASIC
DRIVING UNDER THE
INFLUENCE LAW THAT TEST
DOES
NOT COME IN)) RUNS: 10
THE CIRCUIT JUDGE AGREED
WITH SMITH. (44:02) ((HE
WASN'T ARRESTED FOR DAYS
AND DAYS AFTER THE
INCIDENT. HE WAS
NOT ARRESTED WITHIN THREE
HOURS. THE JUDGE AGREED
WITH THAT
THE TEST IS OUT)) RUNS:
09 STATE TROOPER B.L.
STOKES TESTIFIED SHE TOLD
EVANS HE WAS UNDER ARREST
WHILE HE WAS IN HIS CAR.
EVANS WAS TAKEN TO THE
HOSPITAL
AND THE BLOOD ALCOHOL
LEVEL WAS .21 THREE TIMES
THE LEGAL LIMIT, BUT
SMITH SAYS STOKES NEVER
DID ANYTHING MORE TO
INDICATE HE WAS UNDER
ARREST. NO HANDCUFFS- OR
TELLING HIM HE
COULDN'T LEAVE. THE
HAMPTON COMMONWEALTH'S
ATTORNEY'S OFFICE SAYS
THE ARREST WAS INDICATED,
UNDERSTOOD, AND
CUFFS WEREN'T PUT ON
BECAUSE EVANS WAS IN THE
BACK OF AN AMBULANCE
GOING TO THE HOSPITAL.
THEY ARE APPEALING THE
DECISION.
(44:40 17) ((THE BLOOD
TEST IS ONLY PART OF THE
EVIDENCE. THE FACT
REMAINS. THE ALLEGATION
IS YOUR CLIENT WAS GOING
THE WRONG WAY DOWN 64 AND
HAD A HEAD ON COLLISION
THAT
KILLED TWO PEOPLE THAT IS
WHAT WE HAVE THE TRIAL
ABOUT))
RUNS;12 SMITH WILL ALSO
ARGUE HIS CLIENT
WAS NOT GOING THE WRONG
WAY ON 64. (45;45)
((I AM NOT CONCEDING THAT
HE WAS GOING THE WRONG
WITH ME HOW HE PLANS TO
DO THAT.
I DID SPEAK WITH THE
COMMONWEALTH ATTORNEY'S
OFFICE
THAT WOULD NOT DISCUSS
DETAILS OF THE CASE BUT
THE ATTORNIES THINK
THEY ARE ON THE RIGHT
SIDE OF THE ISSUE.
THE STATE POLICE WOULD
NOT COMMENT ON THE
PENDING CASE.
THE STATUS HEARING IS SET
FOR JANUARY 25TH.