Fatal DUI trial
By RICHARD WALKER, T&D Staff WriterThursday, May 03, 20072 comment(s) | Default | Large
The trial of a Williston man charged with causing the deaths of three people in a drunk driving accident got under way late Wednesday afternoon.
Both prosecution and defense attorneys offered opening salvos in the jury trial of 53-year-old Jimmy R. Taylor, who is charged with three counts of felony drunk driving involving death.
"Because he was driving carelessly, because he was driving recklessly, he killed (three people)," First Assistant Solicitor Bryan Jeffries said. "That is what this trial is about."
Taylor's attorney, Everette Chandler, said it's the defense's position that the tragedy was an accident from start to finish.
"It was at that time his back tire blew out," Chandler said. "It was an accident. It was an accident. This case is about a wrongfully accused man."
George Phillip "Phil" Neeley, 74; his wife, Anne Price Neeley, 70; and son, Madison "Matt" Neeley, 41, died in a multi-car collision that occurred around 8 p.m. on Oct. 21, 2005 as the Neeleys were driving to the Orangeburg County Fair.
Investigators contend Taylor struck the Neeleys' vehicle on S.C. Hwy. 70 in Orangeburg County, about 2.5 miles from the Bamberg County line. The Neeleys' disabled Ford was then struck again as it sat in the road.
As a part of his opening statement, Chandler pointed out that the second vehicle could have caused the deaths of the family members.
The Neeleys' Ford Escort was struck head-on initially, according to Orangeburg County Deputy Coroner George Bonnette. All three Neeleys were declared dead at the scene, Bonnette testified.
"All these victims had to be extricated," Bonnette said. "This is the first time I've had a person go through the windshield like Mrs. Neeley."
"Have you ever had a person's head hit the windshield like this and survive?" Jeffries asked.
"No, sir."
Under cross examination, Chandler focused his attention on the position of the two men. Both Neeley men were located in the back seat of the vehicle.
Chandler theorized that the Neeleys were physically able to walk around outside the vehicle immediately after the crash.
However, Bonnette said that with the seriousness of the injuries sustained during the impact, that would be impossible.
Lynn Drawdy of the Edisto Volunteer Fire Department said that upon arrival at the scene, it was obvious the Neeleys were beyond medical care. She then went straight to Taylor's Chevrolet TrailBlazer.
"When I approached the vehicle, I noticed the strong smell of alcohol," Drawdy said.
"And when did you notice the strong smell of alcohol?" Jeffries asked.
"When I approached the rear of the vehicle."
Denmark resident Jesse Glover, a friend of the Neeley family, was driving the vehicle that struck the Neeleys' disabled Ford that night.
"I came up on something, didn't look like a car, but I don't know what it was," Glover said. "I turned the wheel to the left, and I must have still had the cruise (control) on because I went through that field a good ways."
After the collisions, S.C. Highway Patrol Lance Cpl. Steve Pearrow ordered the testing of Taylor's blood-alcohol level. The report indicated Taylor had a BAL of .120, higher than the legal limit of .08.
On the stand Wednesday, Pearrow testified that at the Regional Medical Center, he asked Taylor to give his side of the events.
"I asked if he recalled what happened, and he said he hit a tree," Pearrow said.
"Did he say he'd been drinking?" Jeffries asked.
"Yes."
"And what did he tell you?"
"He said he had several Bacardi mixers along with some friends at the river."
"Mr. Chandler asked you about several different scenarios concerning reckless driving. Why wasn't Mr. Glover charged?"
"He didn't cause the accident."
Testimony is scheduled to continue today. Circuit Court Judge Dianne Goodstein instructed the jurors to reconvene at 9:30 a.m.
T&D Staff Writer Richard Walker can be reached by e-mail at rwalker@timesanddemocrat.com or by telephone at 803-533-5516. Discuss this and other stories on-line at TheTandD.com.


Ms Hood wrote on May 7, 2007 11:52 AM:
Shawn wrote on May 2, 2007 11:50 PM: