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Judge rules Killings not prosecuted on race



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Motions to dismiss a reckless homicide charge based on race was denied Monday against a former sheriff’s detective charged with killing an 11-year-old girl.

Former Detective Sgt. Ron Killings is set for trial next week for reckless homicide of Lakeisha White of Hopkinsville, Ky., who died when struck by Killings’ cruiser July 17, 2008 on Bradyville Pike.

Killings attorneys asked Circuit Court Judge David Bragg to dismiss the indictment, saying he was being prosecuted because he is black. They relied on some 58 past fatalities not related to alcohol where the driver was not prosecuted.

Prosecutor Joe Baugh said Killings was not being prosecuted because of his race. The grand jurors indicted him because of the facts of the case.

Bragg reviewed the past fatality crashes and listened to arguments from both sides before ruling the defense did not prove the motion. Also, Bragg noted Killings faces additional charges of tampering with evidence and filing a false report.

In his motion to dismiss, defense attorney Terry Fann gave examples of 14 crashes where someone was killed but the driver was not prosecuted.

A report by Trooper Allan Brenneis of the Tennessee Highway Patrol’s Critical Incident Crash Team showed the girl ran out in front of Killings and suffered the fatal injury, Fann said.

“Why is Detective Killings getting prosecuted?” Fann asked, replying he didn’t have good answer. Fann maintained the crash was an accident and the family collected payment in civil court.

“My client’s selective prosecution is outrageous,” Fann said.

Baugh said Killings’ race had nothing to do with the prosecution of the case. Instead, Baugh said Killings in a separate class of being a law enforcement officer.

“He has a higher standard, a higher obligation to save lives rather than take the lives of citizens,” Baugh said.

Facts of the case showed Killings drove at twice the speed limit, the prosecutor said.

“He was reckless considering his special duties,” Baugh said, adding he didn’t do himself any favors by having a bottle of alcohol in the vehicle.

Murfreesboro Police didn’t do him any favors by allowing him to leave the scene and treating him differently, the prosecutor said.

“This is a terrible tragedy for everyone involved,” Baugh said.

Fann maintained the prosecution was based on race.

“He didn’t take this little girl’s life intentionally,” Fann said, noting it was 9 p.m., asking, “Who’s watching this little girl?”

Bragg said he analyzed the 58 crashes and found in the majority, the driver at fault died so there was no prosecution.

In the pedestrian crashes, Bragg noted each one carried separate circumstances. He found Fann didn’t prove the motion.

Because of extensive pretrial publicity, Bragg, the attorneys and the clerks were expected to begin jury selection Monday in Hamilton County Circuit Court. Jurors will be transported to Rutherford County for the trial set to begin Tuesday.

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Tags: Detective Sgt. Ron Killings, Lakeisha White

Member Opinions:
By: josef on 2/1/10
The following from the article leaves nothing else to say...The pole-ice ossifers believe they are ABOVE the law!

"Facts of the case showed Killings drove at twice the speed limit, the prosecutor said.

“He was reckless considering his special duties,” Baugh said, adding he didn’t do himself any favors by having a bottle of alcohol

By: Timothy8 on 2/1/10
The officer drove recklessly and therfore he should be charged with killing an 11 yr. old child. He should set an example and be above the law. His lawyer sounds like he is above the law also & that he condones this type of behavior. This is a sick sick world in which we live. The Judge & jury should give the officer the maximum penalty provided. There is no stinking excuse for this type of behavior

By: Timothy8 on 2/1/10
correction: The officer should not be above the law.This type of behavior shouldn't be allowed. The Murfreesboro PD should also be charged with accessory because they allowed him to leave and prevented him from driving.
This type of garbage is totally unacceptable.

By: Black1 on 2/1/10
Judging on facts it s/b Killings 10%, City 10% and the state 80% for the condition of the road.

By: Macgyver on 2/2/10
It was the roads fault he was traveling 72 mph in a 35. hahahahahahahaha Are you serious?

By: Boo on 2/2/10
Timothy8- I agree on all point but one. The whole MPD should not be charged, only the ones who had a part in this cover up. There are a lot of great officers out there that had nothing to do with this mess.

By: sg26212 on 2/2/10
Killings and White are both victims in my opinion. I don't think Killings should have been driving above the speed limit, nor should he have hid the fact that he had alcohol in the car, but what would we do if we had been in his situation? Let's not forget that the little girl ran out in front of his car. So no amount of money, nor ruining this man's life is going to bring her back. Should he spend the rest of his life in prison, no, I think he should be disciplined, as should the others that covered this up, I agree with Boo, but prison, absolutely not.

By: Emptypockets on 2/2/10
josef you da man, I admire your intelligence...NOT!!! It takes sick individuals to find humor in situations like this, even sarcastic humor. If you have a problem with the Police, Man up and go to the police department and tell them, cause WE DON'T CARE to hear about it!!!

By: josef on 2/3/10
Emptypockets:
I find absolutely NOTHING humourous about this travisty of justice. Yes, I do have trouble with the police when they feel they are ABOVE the law. Case in point:
http://www.tennessean.com/article/20100203/NEWS03/100203044/Deputy+restrained+in+K-9+cage+after+DUI+arrest+

I suppose this is one of the fine, upstanding ossifers you 'trust".

By: Emptypockets on 2/4/10
josef,

Listen carefully, go tell the police you have a problem!!
No one really cares to hear about it, especially when you try to act ignorant with your misspellings, or are you really acting?
I will pray for you!!

By: Farmall on 2/4/10
When policemen lie to make their little traffic ticket stick, they loose their respect and credibility.

By: josef on 2/4/10
empty pockets,
why are you so angry...try counseling.
And thank you for the prayers, we can ALL use all we can get.
Might I suggest that you pray for yourself also?

By: Boo on 2/5/10
Then I guess I better be doing some praying for myself, because I agree with EMPTYPOCKETS!

By: josef on 2/6/10
Replay to Boo (WHO?):
Sounds like a good plan to me!

By: josef on 2/8/10
Farmall, you are so right!
A couple of years ago FORMER officer now "spokes-person" Kyle Evans stopped me for speeding at the Evergreen cemetery near the hospital. I was selected out of a MASS of vehicles that had just moved away of the light at the hospital. I went to court, prepared with documents to show that was a speed trap. Ossifer Evans did not appear on time, and when he DID finally appear he had no documentation of the ticket.
It was dismissed.

By: Boo on 2/9/10
"selected out of a MASS?" "speed trap?" The only way to get caught in a "speed trap" is if you're speeding. You broke the law, but slipped out on a technicality, and you are proud of this why?

By: josef on 2/12/10
To: BOO(who?),
Actually, the "technicality" you mention is the LAW OF THE STATE!I suppose it was the fact I was driving one of those "ferin" cars...and the fact the ossifer didn't bring his information with him and could not answer MY questions that I had PREPARED for my defense.
Your views of selective judgment show unusual reasoning tendencies, perhaps some counseling might be in order? What ARE you so angry about?


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