Grayson Man Charged with Vehicular Homicide
James Earl White, 73, was charged with vehicular homicide following a fatal car accident in Lilburn on Sunday.
James Earl White, 73, of 1794 Harrogate Court, Grayson, was charged Monday with vehicular homicide and failure to obey stop sign following a traffic fatality in Lilburn on Sunday. Shirley Jones, 86, of Norcross died in the accident.
According to the report from Gwinnett County Police Department, White, driving a 2005 Lincoln Navigator, was stopped at a stop sign at the intersection of Louis and Killian Hill roads in Lilburn at about 1:46 Sunday. Jones, driving a 1992 Geo Prizm, was traveling north on Killian Hill Road when White pulled out in front of her, causing a collision. White and his passenger were taken to Gwinnett Medical Center with minor injuries. Jones was transported to Emory Eastside Medical Center where she died as a result of her injuries.
It is reported that neither alcohol nor speed were considered a factor in this accident. White turned himself into the Gwinnett County Detention Center at 10:49 a.m. on Monday morning and was release immediately on $5,900 bond.
Amy Jellicoe
9:04 pm on Tuesday, December 4, 2012
Praying for both families. Horrible and unfortunate accident.
Tammy Osier
10:25 pm on Tuesday, December 4, 2012
Very sad. We are all just one bad judgement call away from having an accident like this one. Gwinnett county traffic has gotten really bad. You can hardly find a good time of the day to get out on certain roads.
Sharon Swanepoel
11:47 pm on Tuesday, December 4, 2012
It is very sad, and so very easy to happen.
Mudd
12:44 am on Wednesday, December 5, 2012
Tammy's right. Everybody's in such a hurry to get somewhere, nowadays. Take a second look before you pull out, it only takes a second or two, but, it might save a life or two.
Karsten Torch
11:42 am on Wednesday, December 5, 2012
Ummm....why would we be charging somebody with vehicular homicide for an accident? He didn't run the stop sign, he just missed that there was a car there. No drugs, no alcohol, nothing. It was an accident. Are we going to start charging people now with attempted homicide for having accidents that result in no deaths? I'm so confused here....
Michelle Couch
11:45 am on Wednesday, December 5, 2012
Accidents/Vehicular Homicide - First or Second Degree?
One of the issues I have with this charge (VH) is when and how it is applied. It never seems to be a consistent charge when related to accidents, NOT involving a DUI. In this accident, it is additionally reported that speed was not even a factor. It was an accident; a horrible and tragic event.
So what determines who gets charged with VH - Misdemeanor or Felony? Because no drugs/alcohol or speed were involved here, I'm speculating that it is the VH misdemeanor charge; but again - this perplexes me.
Accidents happen; they are not intentional but they are consequential. Even without the legal interaction, most likely the driver will deal with guilt and remorse for the remainder of his life.
One might inquire - did this driver have a habitually dangerous driving record or a good driving record? I feel this should play an important factor when this charge is being considered? Did this accident occur out of malice/road rage? Perhaps that too should be considered also? Is it?
I would like to be more clear on the consistency of the VH charge. Who determines the charge - the reporting/arresting officer or the solicitor's office/DA?
I just find it difficult to grasp that more lives should be further traumatized by legal battles, possible jail/prison, probation nightmares, etc - when indeed by all accounts, it is an unintentional accident.
Michelle Couch
11:46 am on Wednesday, December 5, 2012
Karsten,
This accident did result in a death - but I think you and I are on the same page with this one!
Michelle Couch
11:51 am on Wednesday, December 5, 2012
The GDP reported that the charge was misdemeanor VH... Still very sad and I pray for both families.
Sharon Swanepoel
12:16 pm on Wednesday, December 5, 2012
Yes, a DUI vehicular homicide is a felony, not this. It is a very sad situation. I actually did almost the exact same thing a couple of months ago in my husband's truck. I stopped, looked, didn't see any cars, went to go and then hesitated because I realized I needed to go one street up to turn. I then pulled off without a second look and a truck came and I hit into him. It was in Madison and I did not get a ticket because the truck driver verified that I had stopped. He had slowed down in case I went so it was a slow speed collision and nobody was hurt. I was named the at fault driver for insurance purposes, but was not given a ticket. Yay Madison police - they were, BTW, very nice and very helpful, as was the firefighter whose brand new truck I hit. However, had anyone been killed it would have been an almost identical case. Frightening.
A Epps
1:44 pm on Wednesday, December 5, 2012
I have to say that while I agree with the misdemeanor VH homicide as this man probably did not leave his home with any intent to injure or kill, I certainly think the loss of life even unintentional, requires that charges be filed. Perhaps this driver should not have been driving due to some impairment, perhaps he is a generally good driver. Either way, a family is without a mother, sister, grandmother through no fault of hers. Should he be allowed to walk away?
Karsten Torch
2:21 pm on Wednesday, December 5, 2012
Absolutely. Unless you can prove malice or impairment, then why should he be charged?
Michelle Couch
2:15 pm on Wednesday, December 5, 2012
I agree that there are other impairments that can play a role into accidents. While they may walk away physically, I don't see any person of maturity, decency and faith/spiritual, walking away in an emotional sense.
I have a close friend who walked away physically, but is forever changed by the experience.
Two+ humans harmed - don't make a right.
Karsten Torch
2:23 pm on Wednesday, December 5, 2012
And again, I know I'm repetitive here, but if we charge people with VH or anything at all if the other person dies, then it should be attempted VH if there's an accident.
This is kind of of silly, in my opinion. Without intent or negligence, how do you charge anybody with anything?