| Defense hopes to nix alcohol bottle in detective's crash trial |
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By: Lisa Marchesoni
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Posted: Saturday, August 22, 2009 8:24 am
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Defense attorneys will seek to toss out two alcohol bottles collected at the scene of a crash where an 11-year-old girl was killed in a collision with an on-duty sheriff's detective in July 2008 on Bradyville Pike.
Lakeisha White, 11, of Hopkinsville, Ky., died when she collided with a sheriff's vehicle driven by Detective Sgt. Ron Killings July 17, 2008 in the 1400 block of Bradyville Pike when she visited with relatives.
Killings faces trial in October on charges of reckless homicide of Lakeisha, tampering with evidence and filing a false report to Murfreesboro Police investigating the crash.
Defense attorneys Terry Fann and Benjamin Parsley filed pre-trial motions scheduled to be heard Sept. 4 by Circuit Court Judge David M. Bragg.
The defense asked Bragg to:
• Exclude two bottles of alcohol as evidence in the case.
• Try each count separately because each charge is a different set of facts.
• Find a jury from another county to hear the case because of pretrial publicity.
Special Prosecutor Joe Baugh Jr. had not filed answers to the motions as of Friday.
Witnesses told police Killings tossed out a bottle of alcohol at the scene. His blood was analyzed by the Tennessee Bureau of Investigation. District Attorney William Whitesell said Killings’ blood-alcohol was negative.
Murfreesboro Police Chief Glenn Chrisman said police failed to collect the bottles as evidence the night of the crash.
Chrisman suspended Sgt. Sam Campbell for 10 days without pay after Lakeisha’s family turned over a bottle of alcohol linked to Killings.
Police spokesman Kyle Evans said at the time one bottle in evidence was included in the investigation, but it is not believed to be relevant as a contributing factor to the causes of the crash because Killings' blood didn't show the presence of drugs or alcohol.
In the motion to exclude the alcohol bottles, defense attorneys stated the bottles were not properly identified and the chain of custody was not maintained.
Under state law, everyone who handles the evidence must be accounted for to maintain the chain of custody.
If the motion is granted, the defense attorneys want prosecution witnesses to be directed not to introduce the bottles of alcohol during their testimony.
Regarding the motion to try each case separately, the defense attorneys argued each case stands on its own with individual facts.
Also, defense attorneys asked for a jury from another county to try the case because of the number of newspaper articles, radio and television broadcasts and Internet stories.
Defense attorneys maintain the case drew "extensive and exhaustive publicity."
Killings, who supervised sheriff's detectives on the evening shift, remains free on bond.
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Member Opinions:
By:
justawalkn on 8/22/09
I truly hope that this man gets a fair trail. i agree that a jury should come from another town. It should also be heard by a judge that is not from rutherford county so that all parties will be comfortable in telling there side. Ron is a good man---and should be treated fairly.
By:
TheHandymanDave on 8/22/09
everyone deserves a fair trial, I don't think he will get one in rutherford cty. I know nothing personally about any of the parties, my prayers go out to the White family for closure on this issue.
By:
cantbelive on 8/22/09
I read all that has gone on since this accident. If it were anyone else than a policeman it would be cut and dried that this person was guilty. I have not seen anything about the open container law, this was a police car, why would any policeman have liquor in a city police car? If it was a private company this would be a closed case with a conviction. I feel so bad about the little girl so innocent, a daughter, grandchid, her whole life gone. How much grief has her family experinced because of this accident. So much for my opinion this contury is going down so bad nothing is right anymore, people have no morals or concience, everyone just wories about themselves.
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mr.right on 8/22/09
cantbelive- a few things for you. EVERYONE has the right to make bond and speedy trial. EVERYONE is assumed to be innocent until proven guilty. A person from a "private company" would be getting the same treatment if his/her lawyer was worth anything. The reason you havent seen anything about the open container law is that according to witnesses, the bottles came from the trunk and the bottles were never opened. Its not against the law for a police officer to have a liquor bottle in his car, its just against county policy. It seems to me that you know nothing about the law or the way the judicial system works so i suggest that you stop watching law and order re-runs and read a book or two on the subject. If this girl was being supervised properly she would still be alive.
By:
tjdmm on 8/22/09
mr.right- you're just a straight up @ss.
By:
mr.right on 8/22/09
m&m- im sorry you feel that way, but the im still right. what dont you agree with and why do you feel that im an "@ss" lol
By:
ntheknow on 8/22/09
mr. right, i stand with you! and your statement is, well, RIGHT!!!!!
By:
cantbelive on 8/22/09
mr.wrong. you are one of those people that do not have common sense, you think you know everything and everyone else is wrong, just what I was saying no morals and no concience. Do you think policemen should have liquor bottels in a city car opened or not opened, this is not their car this is a city owned police car! If this girl was related to you would you have the same feelings? I bet not. I don't want to get personal on these emails but think about a policemans oath to protrct and to serve, do you have to have liquor to do this on duty. would the police waited so long to do a breath test on me or you or would they have done it right at the scene of the accident. I think everyone knows the answer to that. Just know that the police take care of their own. It's who you know and how much you can pay to get out of a situation. If you have known anyone in such a situation you know this is a fact. Don't get mad or personal, just think about it. I respect your right to voice your opinion. hope no hard feelings.
By:
enoughisenough on 8/22/09
cantbelive-
This was a COUNTY deputy, hence a COUNTY vehicle. Please get your facts straight before mouthing off about things you know nothing about. IF the deputy had had alcohol in his system to the point of intoxication, it would not have been oxidized even if the authorities had waited more than the two hours they did.
This is BAC 101, you must have missed that question on your driver's test last month.
By:
mr.right on 8/22/09
I dont believe everyone else is wrong- i just believe that what you posted is wrong. You stated that if it were any besides a police officer it would be "cut and dried" that they were guilty. Not even close to being true. I dont want to repeat myself but, its innocent until PROVEN guilty. If you or I would have been involved in this accident we would be going through the judicial process just like Killings. No, he should not have had the bottle in the car BUT its not against the law. you seem to be so hung up on this fact. Its a violation of policy and thats all. Killings was given a blood test not a breath test. The blood work came back NEGATIVE which means not even a trace. Its not always about who you know or how much money you have, just look at the NFL star who is going to do 2 years for shooting himself in the leg. Let me ask you this- if the child would have been under close adult supervision on that busy busy road do you think she would have had a chance to dart in front of the sgt.'s vehicle? Do you think the guardians should be charged for letting the child cross the busy street at that hour? They have lived there for a while so shouldnt they know the inherent danger posed by the vehicles traveling on the busy street? just a thought-i may be an @ss but im still Right. enjoy law and order this evening-or maybe CSI whatever you watch
By:
TheHandymanDave on 8/22/09
it just looks like your not so right this time mr.
By:
mr.right on 8/23/09
how so handyman? i dont see any proof.
By:
attagirl on 8/23/09
mrright maks a valid point. This girl was unsupervised on a dark, busy street late at night. This could have been avoided in more ways than one. No one gets all the blame.
By:
enoughisenough on 8/23/09
How about we just pay off the family with some "stimulus money?"
By:
ntheknow on 8/23/09
cantbelive.....police do not do breath test at the scene....in this county, its all blood test now...
By:
Alaskadave on 8/23/09
Mr. Right,
You are 100% correct and cantbelieve, you are an idiot. This man Ron Killings is a great individual whom I had the honor of knowing personally, Mr. Right said it right when he stated that if the poor little girl was properly supervised she would be alive today. It's pretty simple for people who have a clue to understand.
By:
Porchcat on 8/23/09
I agree with attagirl
By:
mr.right on 8/23/09
how so dave? back up your statement.
By:
barrettbear on 8/23/09
Yes, breathe alcohol tests are given in this county. May not get one by a police at the scene, but the testing center will give you one.
This family should be informed on parental supervision, physical supervision and media supervision.
The most basic form of parental supervision is required to keeep children from hurting themselves or others; to keep them away from dangerous objects and situations. Very small children require continual supervision and care; lack of this constitutes neglect.
Unfortunatly,an innocent child lost her life in this tragic accident. Hopefully restitution will be denied to this family.
By:
mr.right on 8/23/09
i know the sheriffs office doesnt have breath test and that where everyone goes for the blood draw doesnt have one. where is the testing center? jw
By:
barrettbear on 8/23/09
The sheriff's may not have one for two reasons: 1) the sheriff's office is not a medical clinic,2) licensed medical personnell are available to do alcohol and drug tests.
Testing can be done at a majority of medical offices.
By:
spook on 8/23/09
The breathylizer was located at MPD. It does not require trained medical personnel. The subject just had to blow into a tube. It was time consuming for different reasons and could not give results on drugs in the system. I'll let the law enforcement types explain the time consuming aspect. None of the BAC tests are drawn at a medical office. Suspects are taken to the hospital lab to have bloodwork drawn. The BAC kit is sealed and submitted to the TBI lab for testing. There is a strict chain of custody that must be followed in handling the BAC kit. Testing is NOT done a doctor's office for a DUI case.
By:
cantbelive on 8/23/09
just as i said no one thinks about justice none of you have the common sence to know what is right, this was a policeman. if nothing was wrong about having liquor bottles in his car why did he try to get rid of them after the accident? He knew it was wrong but is trying to get a loophole in the law to make it alwright. If you support this I hope you can sleep at nite knowing what we can all expect when we are in the same situation we can expect the same treatment as this family. Good for the good ole boy system and all that condone it.
By:
whizkid on 8/24/09
Please consider the facts!
Officer Killings had no alcohol in his system. Therefore he will not be convicted of a crime in this death. He may be found guilty of some of the minor issues, but not for causing this death.
He lost his job for having alcohol in his car. I don't know that he did have alcohol in his car, the jury will decide that. None the less, he lost his job.
The little girl lost her life, what a tragedy! However, why was she out at dark on a busy unlighted street. Yes, the family has responsibility for her. I certainly would know where my children were after dark. This is our duty as parents or relatives of our children.
The investigators did a poor job and I hope that procedures are improved. However, this is not what caused the death of the child.
Nothing will bring this child back. Mr. Killings was involved in a tragic accident. An accident that could have been prevented if this child was being watched and protected by her family.
By:
barrettbear on 8/24/09
If an accident occurs on the job, a breathalizer test is administered at a testing center. There is a licensed technician available for that purpose.
This is especially true if workman's compensation is involved.
Call Concentra.
Pertinent information for those who doubt theory. Years of experience around the protocol of drug and alcohol testing.
By:
plainugly on 8/24/09
Crossing the blue line is what is known as crossing when you buck up against the police or question something they have done. Well, my homework assignment for all of you is for any one of you to call out to the sheriff's office tomorrow and find out how much (or especially in this case how little Killing's bond was set at for these 2 felonies and 1 misdemeanor he is accused of). RIDICULOUSLY LOW!!! After you secure his bond amount information, then come back and tell me that he isn't being treated differently than a member of the general public would be in such a scenario as this. And who is paying for his-count them-2 attorneys in this case? I see no way he could possibly afford the kind of legal representation he has hired on a simple cop's salary (detective and all noted). Is the FOP paying for them? I have checked his bond amount for myself already and I am in shock at how low it is for the very serious charges for which he has been indicted. Mr. Right,in particular,is a VILLAGE IDIOT who hides from the truth and kisses his fellow cop buddies behinds (yes I'd definitely say you are a cop yourself based upon your ramblings on this and other matters you comment upon). Killing's bottles of booze had at least one been opened, according to numerous news reports, before they became evidence in this murder. Most importantly to me is that he left the scene of a fatal accident and went and hid these bottles of booze, when he could and should have been busy trying to save this poor little girl's life!!! Blue line be damned- what's right is right-and if you side with an on duty cop who leaves the scene of a fatal accident...that he caused by excessively speeding , as multiple witnesses have stated, then you must have a screw loose somewhere in your DNA!!! Oh yes and one more important fact to be noted...I stopped by the house of the victim (not the cop's house mr.right, the little dead girl's house-she is the victim here)and saw the lack of a sidewalk on this busy road,and was in shock that there isn't one, and a lack of street lighting to go with it, and I call upon you all to demand that we build a sidewalk and put up adequate street lighting on this stretch of roadway, as a way to use up your extra energy instead of defending this Killing's character who ran over a little girl and left the scene to hide evidence instead of trying to save the little child! Oh, and one more thing. Before you tout his lack of alcohol in his blood test again, please remember that he didn't get taken away in cuffs and immediately tested, as you or I would, but instead was taken to a store to buy and drink a huge bottle of Gatorade and then almost 3 hours later given a test for alcohol...what a load of crap if ever there was one! And not arrested until months and months later-definitely he was caressed and coddled by the gang known as...The Blue Line!!! Just a thought at the end here...does anyone think maybe Roid Rage could have been a factor in this death??? Was he checked for steroids? When one is taking these illegal and very harmful drugs I have read that alcohol combined with the steroids can cause Road Rage (maybe that's why he was speeding up the car with the intensity that eye witnesses told me he was doing). Hum? Maybe the blood should be re-checked for steroids.
By:
Geana on 8/24/09
Plainugly -- could you please use paragraphs? It's hard to look for logic amongst all your ranting and raving.
"Was he checked for steroids?" Does it occur to yourself that one can almost "hear" your own ranting and raving and suggest that you must be on steroids or crack?
Calm down and tell everyone what your endless vendetta with steroids is about. What exactly brings on your continuous posts about steroids use and roid-rage? What exactly what happened to you, causing you to accuse? If you KNOW something and CAN PROVE it... you NEED to expose it to the media and open up a case.
Why do you care where he's getting the money from to represent his case? Are you unaware that anyone accused of criminal activity has the right to an attorney and if they cannot afford one, they are appointed one for free? And that there's attorneys out there who will chase high-profile cases like these and work them pro-bono. Why would a low-risk citizen, with ties to the community and a previously exemplary record, need to be given a high bond?
If I accidentally struck someone, chances are I would go into shock. There's no telling what my immediate reaction would be. I don't know that Mr. Killings "took off." One of the child's eyewitnesses indicated that the unmarked car dragged her for some distance before coming to a stop. Since speeding is a to be a contributing factor, Do you have been able to slam your brakes and stop right there? Without having skidded, going into a tailspin, possibly even going off the road and accidentally striking even more people, cars, or homes?
Mr. Killings was reported as having covered the child in a protective heat-inducing cover. Yet you claim, he hit and ran?
Fact is, plainugly... you were not there anymore than I was, nor would you be on a panel of neutral jurists. This case should in fact, be moved to another jurisdiction.
Should the child's family be compensated for the loss of their loved one's life? Absolutely. It's a tragedy. Something tells me if he could, Det. Killings would do anything to bring this child back. He has two daughters of his own.
By:
dannyboy on 8/24/09
I want to say thank you to all of you who have shown your support for an unbiased opinion of SGT. Killings. It breaks my heart to see all of the accusations from those who don't know what happened, and only form their opinion from what they see or hear from the media. I have worked around the media for many years, and I can assure you that the facts are ALWAYS misrepresented by the media, whether intentional or not.
I was struck by a car when I was 10 years old. I was thrown 30 feet and knocked unconscious. It happened in the blink of an eye, and I am blessed to be here today. Nobody pursued criminal charges against the driver, and nobody sued the driver for anything. It was an accident, and it happened when I didnt look for traffic and stepped right out in front of an oncoming car.
By:
mr.right on 8/24/09
oh boy plainugly, you have truly shown who the real village idiot is.
First, i am not a police officer. I dont have the yahoos to do what they do. However, I have friends who are police officers-I work in a field that is very close to that line of work though. I assume you just watch a lot of t.v. about policing. I chose to comment on police matters because i stand behind the men and women who protect me and my family while i sleep. They are all too often attack by people and the freakin' DNJ. I chose to give them the benefit of the doubt, just as i chose to give everyday citizens accused of commiting crimes.
Secondly, his bond was set at a certain amount after the Judicial Commissioners asked a long list of questions to determine what the right bond amount should be. There are no set bond amounts for crimes.
Youre right about him not being able to afford 2 good attorneys on a Sgt. in the detective divisions salary. Thank GOD for the FOP or PBA. If you do a little research, when you pay your dues you get 2 laywers if you are involved in an on duty accident(which is what this was) where you may face civil or criminal charges.
If killings left the scene, why was he not charged with it? I will answer this for you. Its because he didnt leave the scene. Try again ugly.
The bottles that were not open will very likely get thrown out as evidence because the prosecuting attorney will not be able to provide a chain of custody (or at least an honest one). But they arent even an important factor in the case.
Plainugly- you state that he was driving fast according to witnesses. Have we heard from the crash reconstructionist about the speed?
Im glad you stopped by the little girls house to see the lack of sidewalks and lack of lighting. There are plans in the works for sidewalks so theres no reason to call. However, sidewalks would not have changed the situation. The little girl darted in front of Killings car. I will tell you what would have changed the situation- one of the adults who witnessed this situation should have been paying attention and walked this child across the street instead of sitting their lazy butts on the porch.
Now about the gatorade. Drinking a "huge bottle of gatorade" will have a 0.00% change in his blood test. Again- do your research before you start spouting off about things you know nothing about.
Please dont refer to police officers as a gang. Gang members are the scum of the earth and there is not one good thing that can be said about a gang or anything that they do.
You accuse Killings of have a fit of roid rage. What kind of proof do you have. There are soccer-moms (sorry ladies- im just using this as an example) that drive like nascar drivers to get where they must go so do you think they are on roids as well?
PlainUgly you are just Plain Dumb. I hope that with your next post comes evidence of all these accusations and I will you would answer this last question. If an adult/parent/guarding who was at that house would have been doing their duty and walked the girl across the street would we be having this discussion?
Ugly- i believe i responded to all your points now just answer the question with a yes or no.
OH and whizkid- he didnt get fired for the bottles- he resigned upon receiving his indictment. but i 100% agree with the rest of your post.
By:
hocuspoc1 on 8/24/09
lmao at Mr. Right..Why do all of you let him/her get you fired up for? That is what he is trying to do...get everyone fired up and act like he is the side of the SO.. He/she is afraid the good ole boys will cover the case up and get the detetctive off.. I'm afraid he is right in his fears though.. We all know that nothing will come of the Killings case other than a little girl getting killed.. Killings is a ranking member of the Good ole boy club.. To many other important people would go down with him.. I'm afraid it is time for all of us including Mr. Right to realize thier isn't anything we can do about it.. He will walk free.. The sad part to me is that there are 2 families destroyed now his and the little girls family.. so so sad.. At least he can hug his daughter tonight though..... By the way I will say one thing though Mr. right..I was told one of the containers was open and one was sealed that was the only mistake he made.. He forgot to take the receipt out of the bag.. I guess he just panicked and forgot about it... He will walk all information will be stricken (yes even from the NCIC datbase) He will get a god job with the county and then he will be back in a patrol car somewhere in 3 to 5 years.. Just like the smyrna officer "papy" do 20 years ago..
By:
mr.right on 8/24/09
Hocus- i think you got me confused. Im in full support of Killings. I think what happened was a tragic accident. I think plainugly is plaindumb. Im i got confused about your post sorry- haha its late and im tired.
By:
mr.right on 8/25/09
wheres your evidence that he was drunk and speeding? Nobody has blamed the poor child, just the parent/adult/guardian whoever it was that was supposed to be watching her.
By:
plainugly on 8/26/09
Mr. Right, you are a yes man for the "blue line gang"! Shut up and use some common sense!!! Owl, you are right on track with your assessments and I strongly encourage you to go to the story that's been in the news about the cop who admits to being in a gang and caught on tape cursing and using racial slurs at the barber shop while in uniform and caught on video and audio tape. Name is Watkins. Go to those stories and put in your two sense!!! I assure you I have! You will love this story!
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mr.right on 8/26/09
is that all you got ugly- you sound like a broken record. you still havent answered my question...
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