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Brown v. Commonwealth6/16/2005
Brown was racing with Michael Kaylor (Kaylor) just prior to running the red light. Kaylor also worked at Meritor and had been Brown's supervisor. That night, Kaylor left the factory at the same time as Brown, but never spoke to Brown.
According to Kaylor, when he pulled out, he followed Brown down Pembroke, staying one to two car lengths behind him, traveling "about" 65 miles per hour. Again, it was six-tenths of a mile from the exit at the Meritor parking lot to the intersection. This intersection had a turn lane which was four-hundred eighty feet long from its beginning up to the intersection. Once he came to the turn lane, Kaylor turned into it in preparation to turn right on the Martin Luther King Jr. by-pass, which was the way he drove home from work.
Dewayne Thomas, another Meritor employee left the parking lot at the same time (10:00 p.m.) and was immediately passed by both Brown and Kaylor as they exited out of the parking lot. He testified "they went by me like I was sitting still." However, when this comment was further explored, he acknowledged he was only 50 feet up to 50 yards from the parking lot exit and doing 35-40 miles per hour. Earlier he had indicated he was doing about 50 miles per hour when they went by him. Later he testified, "I seen what they were doing," but he never said the word racing.
Brown, on the other hand, was driving a 1994 Ford Crown Victoria. In fact, it was a former city police cruiser which had actually belonged to Detective Mayse, the police re-constructionist who testified in the case. Detective Mayse admitted it had the special engine found in police cars. It doesn't take a rocket scientist to know a police cruiser is capable of doing much more than 60-65 miles per hour in six-tenths of a mile (from the parking lot to the intersection). Which poses the question, were Brown and Kaylor really racing? Or, if they were, they obviously quit before Kaylor exited to the turn lane and Brown approached the light at the intersection. The turning lane started 480 feet prior to the intersection; at 88 feet per second, at 60 miles per hour, that's five and one-half seconds (51/2) from the start of the turn lane to the intersection.
However, for purposes of consideration of this case, let's assume they were doing some "undefined form of restrained racing" at 60-65 miles per hour on a 55 mile per hour four-lane, prior to the time Kaylor withdrew and exited to the turn lane, for his right hand turn.
In contrast to the "suggestion of racing" as the cause of the collision, the Commonwealth also introduced evidence that Brown's vehicle had two T.V. screens mounted in the front. One was cut into a hole where the old glove box would normally be, while the other was suspended near the floor from the gearshift. These were very small screen T.V.'s but only one worked. There was no evidence that the T.V. had any capability of playing video movies or accessing T.V. signals.
Calvin Quick, another Meritor employee and a passenger in the car driven by Dewayne Thomas, testified that when he walked by Brown's car in the parking lot, the T.V. was playing. Brown agreed and testified he and his brother were playing with their Playstation on the T.V. screen while they were waiting in the parking lot for Laticia, his girlfriend. Brown, his brother and Laticia were clear that the one working T.V. screen was not in use when the collision occurred.
Mr. Quick, who Brown passed coming out of the parking lot, at first believed it was in use when he was passed, but later acknowledged that the windows were tinted on Brown's vehicle and he could have just seen a blank blue screen. However, one should recall that Mr. Quick's observ
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