 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Bankston2/4/1999
e driver's side door was open, and Jezewski told the defendant he was not going to let him close his door. He said the tone of the conversation between the two men was still pleasant. He said the defendant continued to back out, and his door became wedged between the front and back door of an adjacent car, causing the defendant's car to become stuck. Gentry said the defendant continued to accelerate, causing his wheels to spin, and he told Jezewski that they should let the defendant drive home. He testified that the defendant then let up on the gas and accelerated quickly, causing the driver's side door side to bend back then disengage, hitting him and Jezewski. He said the force of the hit knocked him across the parking lot. He said that when he got up, he saw Jezewski lying under the defendant's car, and the back right wheel of the defendant's car ran over Jezewski. He said the defendant had to accelerate to do this.
Gentry testified that Jezewski sat up, looked around, and saw that blood was coming from his mouth. He said he went over to Jezewski and asked him if he was all right, but Jezewski lay back down. He said he called for an ambulance and in the meantime, the defendant veered to the left, struck another car, and he left the parking lot. Gentry said that nothing was obstructing the defendant's view of Jezewski. He said that he drank with Jezewski on several occasions and that Jezewski never became belligerent or confrontational when he drank. He said he sustained one broken rib and a bruised growth plate in his rib as a result of the accident.
On cross-examination, Gentry admitted that he and Jezewski each had six drinks. He said that Jezewski weighed about two hundred and forty pounds, and he weighs two hundred and twenty pounds. He admitted that he did not see the defendant as the defendant was getting into his car and that he relied on Jezewski's initial observations of the defendant. Gentry said the defendant's slurred speech was the reason he decided the defendant should not be driving. He said he did not see the defendant walk nor did he smell alcohol on the defendant. He said the parking lot was close to a freeway and that it was noisy.
Tracy Cook testified that he arrived at the Ocean Avenue Cafe around 5:30 p.m. and left at around 9:00 p.m. He said that as he entered the parking lot, he saw a car that appeared to be in reverse, and the driver was accelerating. He said there was smoke coming from the back of the car. He said that two men were leaning over talking to the driver. He said that one of the men was leaning into the car. He said the defendant disengaged the brake, throwing one man across the parking lot and knocking the other over. He said that Jezewski looked like he was trying to move away from the front of the Camaro. He said Jezewski was getting up on all fours, his knees were off the ground, and he was almost standing up when the Camaro went forward and ran over Jezewski. He said the Camaro continued and hit another car, and his wife got the defendant's license plate number. He said that when he went to check on Jezewski, he was semiconscious and was trying to talk. He said he had an unobstructed view of Jezewski before he was hit, and he did not see anything that would prevent the defendant from seeing Jezewski.
On cross-examination, Cook admitted he had four or five beers, possibly as many as seven, between the hours of 6:00 and 9:00 p.m. He said that he had a small buzz. He also said Jezewski was leaning close to the defendant inside the car.
Randy Murray testified that he arrived at the Ocean Avenue Cafe at about 5:00 p.m. and had a seafood salad and three drinks. He said that when he went to the parking lot, he heard ti
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|