Prosecutor says Killings failed to treat crash victim on The Murfreesboro Post

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Prosecutor says Killings failed to treat crash victim

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By: Lisa Marchesoni

Posted: Thursday, September 3, 2009 1:44 pm

A sheriff’s detective disposed of alcohol bottles rather than aiding an 11-year-old girl who died later after a crash with his cruiser, the prosecutor said Thursday.

Former Detective Sgt. Ron Killings is set for trial Oct. 13 in the reckless homicide of Lakeisha White of Hopkinsville, Ky., who died of injuries suffered when she collided with Killings’ on-duty vehicle July 17, 2008 on Bradyville Pike.

Attorney Joe Baugh, a former district attorney, is prosecuting the case. During a pretrial hearing Thursday, Baugh repeatedly said Killings was negligent when he disposed of the bottles instead of treating Lakeisha, who died later that night at Vanderbilt University Medical Center. One of the bottles contained a receipt linked to Killings.

Circuit Court Judge David M. Bragg decided Killings will be tried on the reckless homicide charge Oct. 13 separate from two other charges of making a false statement and tampering with evidence.

Bragg also decided to:

• Use jurors from Rutherford County to determine if an impartial jury could be selected because of extensive pretrial publicity.

• Order Murfreesboro Police Department to release the name of the only eyewitness who told police she saw Lakeisha in the middle of the road before the crash.

Bragg will issue an opinion within a week if the liquor bottles Killings allegedly threw away can be admitted at trial.

During the 2-1/2 hour hearing, attorney Terry Fann, who represents Killings, asked Bragg to separate the three charges to give Killings a fair trial on the reckless homicide because alcohol was not involved.

“The blood-alcohol report…came back from TBI (Tennessee Bureau of Investigation) indicating there was no alcohol in his system,” Fann said.

If the liquor bottles are admitted as evidence, the jury will believe the homicide was an alcohol-related crime, Fann said.

“The alcohol bottles have nothing to do with the reckless homicide,” Fann said.

In his argument, Baugh said jurors needed to hear the whole story. The reckless homicide case covers the recklessness of Killings who disposed of the alcohol rather than treat Lakeisha for her injuries.

Killings was the only person at the scene trained to provide emergency medical treatment and communicate the information to other emergency responders, the prosecutor said.

“Who knows if this child could have survived?” Baugh asked.

Prosecutors should be entitled to show Killings moved the bottles, he said. His actions are the way to determine his state of mind.

Killings concealed evidence rather than rendering aid to the girl, the prosecutor said. The time he spent throwing away the liquor “may have caused the death of a child.”

Fann countered the state didn’t have any witnesses to show Killings failed to aid the girl, causing her death. The autopsy listed cause of death as a collision with a vehicle. Saying Killings failed to aid the girl is “just speculation.”

Baugh argued Killings’ getting rid of the bottles showed he placed a higher priority on getting ride of the evidence than treating the victim.

After hearing both attorneys and reviewing previous cases, Bragg said he would try the reckless homicide case separately.

Regarding statements of witnesses, Fann asked to know the identity of the person who told police she saw the girl in the middle of the road.

Sgt. Sam Campbell, who supervised the investigation before being removed, testified he didn’t have access to the statement in the case file.

Bragg will order the police department to obtain the statement and provide the information to Fann within seven days.

Attorney Ben Parsley, who is also representing Killings, asked for the criminal histories of the state witnesses and any agreements Baugh made with witnesses.

Bragg ruled the defense could obtain the criminal histories. Baugh said he didn’t expect to make any agreements with witnesses.

Parsley asked about expert witnesses. Baugh said he expected only state medical examiner Dr. Bruce Levy as the only expert. Baugh won’t use any experts about the crash since Killings’ car was apparently moved.

Regarding the liquor bottles, Fann asked Bragg to exclude the bottles as evidence in the reckless homicide trial because it would prejudice the jury.

Also, Fann questioned the “chain of custody” of the alcohol bottles turned over to Traffic Officer Mike Luzadder 10 days after the crash, Fann said. Chain of custody requires evidence to be preserved so it isn’t tampered with.

Baugh said if Killings disposed of the bottles, it shows “tangible proof” he failed to take care of the child. His actions are relevant.

A receipt found in the bag with one bottle was linked to Killings, Baugh said.

Fann said the receipt showed the alcohol was purchased two to three days earlier and not relevant in the case. Killings was on duty from 2 p.m. the day of the crash.

Baugh said the alcohol was important to show Killings was reckless by disposing of the alcohol instead of rendering aid to a child who suffered severe injuries that is the crux of the case.

“Those actions were reckless,” Baugh said.

Bragg will decide within one week if the alcohol bottles and photographs of the victim alive will be admitted in the homicide trial.

Regarding pretrial publicity, Fann said it would be difficult to find a juror who hadn’t heard about the case. He suggested obtaining a jury from East Tennessee. Also, bloggers on newspaper Web sites gave preconceived comments without knowing all the facts.

Baugh said many people don’t read a newspaper or pay attention to news.

Bragg said he will start with a Rutherford County jury panel. If a jury cannot be selected, he will continue the trial for a short time and find a jury from another county.

Tagged under Sgt. Ron Killings, Traffic fatalities

Member Opinions:

By: lilredtn on 9/3/09
“The blood-alcohol report…came back from TBI (Tennessee Bureau of Investigation) indicating there was no blood in his system,” Fann said.

No blood in his system? Typo maybe?

By: mikepirtle on 9/3/09
Typo certainly.

Fixed.

Thanks

Mike Pirtle
The Post

By: tnlonestar on 9/3/09
This is just a plain outrage! If it was any normal citazen it wouldn't have gone this far!
Rutherford County is just trying to cover there butts from a law suit & taking care of there own!!!!!!!

Rutherford County you make me sick!!!!

By: archosignis on 9/3/09
tnlonestar, just remember that any lawsuit brought against the county, justified or not, is a lawsuit brought against us citizens, since ultimately we end up footing the bill. Regarding the case, I just hope all the facts come out and justice is served on both sides.

By: frankearnest on 9/4/09
I agree that justice should be served on both sides. And to me that means a long prison sentence for Killings for speeding recklessly in an area known to have lots of kids out playing and with signs posted for 30 mph and then leaving the scene to hide evidence instead of trying to save the little girl's life and a huge judgment against this county for trying to cover up the fact that Killings was speeding and had left the scene of the murder by the Sheriff's Dept taking the car away from the scene improperly and the MPD officers Sam Campbell and Sean Murphy ignoring eyewitnesses pleas to listen to them about Killings leaving the scene to hide his liquor. And even threatening these witnesses with arrest if they didn't leave the area of the murder.

By: momof3 on 9/4/09
My guess-timate is that he'll get a year. Law enforcement officers and athletes are ruled by a different set of rules that those that us commoners live by. Look at the NFL player in Florida who got a year for driving under the influence and killing that pedestrian. And judging by the treatment of other law enforcement personnel who have been in the news lately, they don't suffer the same penalties for misconduct or criminal behavior as "normal" people. A shame.

By: SocEtTuem on 9/4/09
Killings, like everyone else, is entitled to his day in court. As to frankearnest's comment on "the area of the murder" no one is charged with murder. Murder is considered an intentional act. I do not believe, even for a microsecond, Killings had any intention of killing the child.

That there were police shenanigans involved there is no question. Those should be investigated in far more depth as there is no doubt there was an effort to protect a fellow cop, denials not withstanding.

Having said that, it is time to take a deep breath, put the let's lynch him mentality aside and let the system work.

By: barrettbear on 9/4/09
Were the loving family rendering aide to the life that was lost?

Oh, they were digging for alcoholic beverage bottles in the trash.

By: mr.right on 9/4/09
will someone please tell me why the parents/guardian/whoever the heck was supposed to be watching this child isnt being charged? They have lived there for a while and know whow busy the road is yet their negligence allowed the child to cross the road and get struck by a car. SHAME ON THEM!

By: bota on 9/5/09
I keep reading in posts that Killings was speeding, yet that has not been substantiated and therefore is not a fact. Even the prosecuter has not mentioned speed as a factor so it remains just another unproven rumor. Having alcohol in the trunk of the car is a violation of departmental policy. In hindsight, Killings may have been better off leaving the bottle(s) in the trunk and dealt with it later. If speeding cannot be proven and tests have indicated that Killings was sober, what is left?

By: Momma on 9/8/09
I agree with mr. right! Where were the parents? They should be charged as well!