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In re W.N.J.7/7/2004
A delinquency petition was filed in Gwinnett County Juvenile Court, alleging that W.N.J. had committed the offenses of failure to maintain lane (OCGA § 40-6-48); racing on highways or streets (OCGA § 40-6-186); operation of an unsafe vehicle (OCGA § 40-8-7); violation of an instructional permit (OCGA § 40-5-24); seat belt violation (OCGA § 40-8- 76); driving under the influence (OCGA § 40-6-391); two counts of vehicular homicide first degree (OCGA § 40-6-393(A)); reckless driving (OCGA § 40-6-390); and speeding (OCGA § 40-6-181). Pursuant to the State's motion, the juvenile court conducted a hearing under OCGA § 15-11- 30.2 to determine whether to transfer the case against W.N.J. to superior court for prosecution. The juvenile court ordered the transfer, and W.N.J. appeals therefrom.
On Friday, March 7, 2003, at approximately 4:30 p.m., 16-year-old W.N.J., accompanied by Jacob Miller, arrived in her car at the Ingles' parking lot on Peachtree Parkway in Gwinnett County. A group of teenagers had gathered in the parking lot. Almost as soon as she arrived, W.N.J. challenged 17-year-old Susan Osley to an automobile race. Osley **175 accepted and both of them left the parking lot. During the race, W.N.J., whose southbound car was traveling at speeds of approximately 90 mph, lost control of her car, crossed the center grass median, and went airborne. W.N.J.'s car hit the front of a northbound Honda Accord driven by Julia Burns, pushing it into the path of a Ford Thunderbird driven by James Watkins causing the Honda and the Ford to collide. After colliding with the Honda, W.N.J.'s car rolled over the hood of the Honda and landed on the hood of a Nissan Pathfinder driven by Neal Russell who was also traveling northbound on Peachtree Parkway behind Watkins' Ford. The cars driven by W.N.J. and Burns were so damaged they appeared to have been put through a car crusher. The cars belonging to Watkins and Russell were also totaled. Miller and Burns died as a result of the collision.
At the time of the collision, W.N.J. had been licensed for less than six months and, therefore, she was not allowed to have a nonfamily member as a passenger in her car. Further, the burgundy BMW which she was driving was unsafe to drive. The tires had little tread (one tire had no tread), and the brake pads were extremely thin. W.N.J. was aware of the safety issues regarding her car, having been informed by Miller's mother some weeks earlier that her tires were unsafe and that she needed to have her brakes checked. The parties stipulated that the Georgia State Crime Lab's chemical analysis of *638 W.N.J.'s urine showed that W.N.J. had ingested marijuana within 72 hours prior to the March 7th incident. It was further stipulated that there was an insufficient amount for an expert to make a determination as to whether she was impaired at the time of the collision.
The evidence showed that March 7, 2003, was not the first time W.N.J. had wanted to engage in racing or had driven recklessly. Derrick Christiansen testified that during the week prior to March 7, 2003, W.N.J. approached him on multiple occasions and challenged him to race. The first two times were in the hallway and in the cafeteria of Norcross High School. When he refused, W.N.J. called him names. Later in the parking lot, as Christiansen drove by, W.N.J. signaled him, inviting him to race and, again, verbally challenged him. On a separate day, W.N.J. pulled up to Christiansen's car and verbally challenged him to race. When he refused, she followed him, tailgating his car for a time. When she finally passed him, Christiansen observed her weaving in and out of traffic. On one final occasion, W.N.J. challenged Christiansen to race while they were in the Ingles' parking lot. Again, he refused.
John Bell t
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