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JOHN WILEY CLARK AND WIFE4/15/1987
om the Travel Motor Inn. Under the terms of the lease agreement, Silver's rental was based upon a percentage of its gross sales. Silver's was also obligated to keep the lounge open at certain times, and to provide room service to guests of the hotel. Although Silver's held the liquor license under which it operated, the lease provided that, upon termination, the license would go back to the Travel Motor Inn. At the time of this incident, the Travel Motor Inn was closed for repairs necessitated by Hurricane Frederick.
Michael Velardo testified that he saw Bosarge in his club on the night of January 9 or the morning of January 10, and, realizing how intoxicated he was, told Larry Griffith, a club employee , to take him home. They left at about 1:45 a.m., Bosarge driving his orange Capri, and Griffith following.
At approximately 2:17 a.m., Pascagoula Police received a report from Mrs. Debbie Ogle that a car had run over the chain link fence in her back yard, and was driving through her yard. When Officer Lee Oman arrived at the scene, Bosarge was attempting to back his car out of Mrs. Ogle's yard. It appeared that Bosarge had run over the fence and a bush, and that he was stopped by the fence at the other side of the yard. Bosarge's story was that he had been run off the road by another car; however, since he was obviously intoxicated, the police took him in custody. Griffith was allowed to drive Bosarge's car home.
Bosarge took an intoxilizer test at the Pascagoula Police Department at about 3:30 a.m. It registered .22. Bosarge was told that he could make one phone call, and he called his mother, who came to the station to bail him out. The police did not check Bosarge's previous arrest record, which included possession of marijuana and paraphernalia, three speeding tickets, reckless driving, running a stop sign, no driver's license and no inspection sticker. Instead, the police released Bosarge to his mother, on the condition that she take him home, put him to bed, and not let him out for five hours. Bosarge, who appeared to be acting more normally than at the time of his arrest, was released in the custody of his mother at about 4:30 a.m.
Mrs. Bosarge took Bruce home, and he went to bed. However, she did not keep him there for five hours, but woke him in time for him to get to work at 7:00 a.m. at Corning Glassworks. He got up and ate breakfast, but, before he left the house, Bruce and his father got into an argument about his DUI. Bruce apparently left the house in an agitated condition, thinking that he was going to be late for work.
To get to Corning, Bruce had to travel down Industrial Road. Also on that road the morning of January 10 was Wiley Clark, a 23-year-old electrician who was giving a friend a lift to work. Wiley had just dropped his friend off and was heading north on Industrial Road, at about 50-55 mph, when he saw Bosarge's car heading south in the same lane. Several witnesses testified that Bosarge passed them that morning doing 70-75 mph. Bosarge was trying to pass several vehicles when it became obvious that he and Clark were about to collide. According to witness Charles Goode, Goode tried to pull off onto the shoulder so that Bosarge could get back into the proper lane. Clark also headed toward the opposite shoulder to avoid the collision. Bosarge, however, pulled off the road to the left, and his Capri hit Clark's Blazer head-on.
The impact killed Bosarge instantly; witnesses who stopped immediately testified that he had no pulse. Officer Douglas Anglada of the Mississippi Highway Patrol got a call on the accident at 6:58 a.m. and went immediately to investigate it. He testified that he could smell alcohol around Bo
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