Lisa Marchesoni
Posted: Monday, February 1, 2010 3:45 pm

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.