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State v. Bailey4/6/2005
pped. And I looked in my rear view mirror just to see if somebody was coming up that lane to hit her.
Q: And what did you see?
A: Well, I saw a car approaching my rear, and of course it went in the left lane to pass me and that's when it hit the car that was sitting.
Q: Now, was this car that was coming up behind you, had it -- was it traveling approximately the same speed that you were and pulled out to go around or what did you observe?
A: Well, no, it had to be going a little faster than I was. Because like I said, I saw it and then I saw it, you know, coming up on me fast enough that it had to change lanes.
Mr. Hammett further testified that he did not see the victim's car until the moment of impact:
Q: Did you -- was this vehicle's lights on that was sitting in the left hand lane?
A: I never saw the vehicle in the left lane.
Q: Okay, you saw it beside you?
A: Are you talking about the car that hit the car, or the car that got hit?
Q: The car that got hit.
A: No, I never saw the car that got hit until it all was just a big collision.
Mr. Hammett testified that the defendant was driving a Mazda, a car he described as lower to the ground than his Ford F-150.
Dale Vestal testified that he was also driving in the same direction in which the victim's car was facing. Mr. Vestal described the events as follows:
A: Yes, sir. Well, I was approaching that Dodge Store area up there, and everybody knows the lights from that thing, and I've always been leery of that, I've seen many wrecks up there. As I approached Ms. Ingram's car, there was some boxes kind of obstructing in the back glass, I couldn't see into the front of the car, automobile. And as I passed the car I told -- made the comment to my grandson, I said, that car is fixing to get hit real bad, right there. And I was looking at the automobile and as I passed it Ms. Ingram was in the car, from the side of it, cause I could see the lights from the Dodge Store was shining to me, and I could see through that way. And all I could see is just the bulk of the lady in the car and I told him that car is fixing to get hit and there's somebody in the front seat. And I veered to the right hand side of the road, turned my flashers on, get off the road, because I was with the intentions of going trying to get the car out of the road because I knew somebody was fixing to get hurt real bad. And that's -- the moment I stepped out of my truck, I turned and told my grandson, I said, you stay in this truck. And I turned and when I turned that's when the vehicle hit Ms. Ingram from behind.
Mr. Vestal also described the lights of the victim's car:
A: . . . The car was there. And I didn't -- you know, the thought, I didn't see no tail lights, when I got to her car I could see that the lights had been on, like the battery had run down, maybe shorted out or whatever.
They were very dim. And when I got off on the shoulder -- on the shoulder of the road, to get out of my vehicle, the lights, her headlights was awful dim on the front, like the battery was going down, maybe the alternator shorted out or whatever, I don't know.
John Dale Loomis, Mr. Vestal's grandson, was riding with him in his truck at the time of the accident. Mr. Loomis described the positioning of the victim's car:
A: . . . When we passed Ms. Ingram's car she was -- I guess you can just say sitting out on -- I don't really remember -- she was kind of sitting over or nothing, she was just sitting there. The lights weren't -- they were on, but they weren't br
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