 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Williams12/13/2004
Defendant, Allen Scott Williams, was charged with hit-and-run driving under LSA-R.S. 14:100. Following a bench trial, the trial court found defendant guilty and sentenced him to seven years imprisonment at hard labor. The court of appeal affirmed the conviction and sentence. In his writ application to this court, defendant argues that the lower courts erred in interpreting the elements set forth in R.S. 14:100 and in concluding that these elements were proven beyond a reasonable doubt. Defendant also contends that his sentence is excessive in violation of LSA-Const. Art. I, § 20. After a thorough review, we conclude that the evidence supports defendant's conviction, and we therefore affirm the defendant's conviction and sentence.
FACTS AND PROCEDURAL HISTORY
On July 16, 2001, at approximately 3:00 p.m., defendant, Allen Scott Williams, [FN1] was driving a black Oldsmobile Toronado southbound on Louisiana Highway 459 in LaSalle Parish behind an 18-wheel tractor-trailer driven by Wayne George. Defendant passed the 18-wheeler and followed the highway up a hill. As he approached the apex of the hill, defendant prepared to execute a left turn on to Pleasant Hill Road by engaging his left-turn signal. As he did so, his car began to ease into the northbound lane of traffic. At that moment, a white Ford Mustang, driven by 18-year old Jada Morphis, reached the apex of the hill coming from the opposite direction. Both Miss Morphis and defendant recognized their apparent collision course, and both attempted to avoid an accident. Defendant recovered control of his vehicle and proceeded to complete his left turn onto Pleasant Hill Road. Unfortunately, Miss Morphis, in an attempt to regain control of her vehicle, overcompensated, and entered the lane of travel of the 18-wheeler driven by Mr. George. Mr. George attempted to avoid colliding with Miss Morphis by swerving towards the right. Despite Mr. George's efforts to avoid the collision, Miss Morphis' vehicle crashed head-on with the 18-wheeler. After the collision, Miss Morphis' vehicle came to a stop in the southbound lane, while Mr. George's vehicle entered a ditch, overturned, and came to rest on the driver's side.
FN1. In some portions of the record, including defendant's signature, his name is spelled "Allan Scott Williams."
After completing his turn, defendant brought his vehicle to a stop and watched as Miss Morphis hit the 18-wheeler. Realizing that the accident was "serious," defendant drove to a nearby residence on Pleasant Hill Road and called the LaSalle Parish Sheriff's Office to report the accident. [FN2] Notably, defendant did not identify himself to the dispatcher.
FN2. At the time of the accident in question, LaSalle Parish did not have an operating 9-1-1 system.
On the evening of the accident, Joshua Pritchard gave a statement to police officers in which he expressed that defendant came to his sister's residence driving an "older model black car" and asked to use the telephone to report a "bad wreck" on the Aimwell (Hwy 459) Road. He stated that after defendant reported the accident, he began "acting very nervous and was shaking." He further stated that defendant did not say another word and left going in the opposite direction from the accident.
*2 Emergency personnel were dispatched to the scene of the accident and arrived shortly after defendant's call. Miss Morphis was evacuated by helicopter to LaSalle General Hospital and was pronounced dead within 45 minutes of her arrival. Mr. George received minor injuries and was treated at the emergency room and released. [FN3]
FN3. The results of blood alcohol tests administered to Miss Morphis and Mr. George were negative. Defendant's blood alcohol level was never tested. Trooper Howard testified th
Page 1 2 3 4 5 6 7 8 Louisiana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|