Two men that were involved in the same DUI accident, causing the death of one of their teenaged passengers, have been charged and plan to plead guilty to avoid a jury trial, as reported by the Times Georgian.
The charges include vehicular homicide.
The men, J.L., 17 at the time of the incident, and D.W., 21, are in the midst of negotiations. Attorneys for both told Superior Court Judge Robert J. James that they are nearing a decision.
J.L. was driving a Chevy Blazer on February 19 when it overturned and caused C.S., 16, to be ejected from the vehicle and die from her injuries.
The car had contained a group of young people that had been drinking, at two different parties with underage drinkers, prior to the accident.
J.L. was charged with DUI following the incident.
Bryan Howard, J.L.'s attorney, told Judge James, "We do anticipate a guilty plea, your honor. We have had extensive discussion with (Douglas County District Attorney) Mr. McDade as well as the family of the victim in this case and I feel like we have made significant progress towards bringing this to a satisfactory resolution for all parties involved without the need for a trial."
D.W. is accused of destroying evidence, tampering, being party to the crime of vehicular homicide and four counts of furnishing alcohol to minors and contributing to the delinquency of minors.
D.W. had allegedly worked alongside J.L. in an attempt to remove beer bottles from the vehicle, then he fled before police arrived at the scene.
McDade said, "Today's hearing signified that we were ready for trial, but their attorneys and these young men said that they wanted to resolve this without the pain of a trial. We haven't agreed on a sentence and haven't settled on anything and there is no typical penalty in a case like this.
In Mr. (J.L.'s) case here is a young man with a lot of issues that have been well documented. On her death he is facing from one to 15 years. But with a plea we hope that this can be the beginning of some closure for the parents and family knowing that there won't be a trial."
McDade also spoke about others that share in the responsibility and are facing charges as well. Included are the owners of the home where the underage drinking took place, an adult that purchased alcohol that was consumed by minors, the owner of the store that sold the alcohol and the teen boys that furnished alcohol to other minors.
Mac Pilgrim, an attorney for C.S.'s family, has planned to file multi-million dollar lawsuit. Pilgrim said, "Whenever this plea happens and this case closes, then it opens them up for depositions in the civil case which is vital to discovery in our suit.
Until that is done, deposing them would be useless because they could use the Fifth Amendment because anything they say could have been used against them. But one it is settled, that doesn't apply. So this development is a good thing and should allow us to move forward. But we are still looking at possibly as long as two years before we ever see court on the civil suit."
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