Misdemeanor
vehicular homicide charges against a Peachtree City man were dropped Monday
afternoon, several hours into the trial against him in Fayette County
State Court.
The charges
were dropped against David C. Rogers, 40, minutes after a medical witness
in the case told State Court Solicitor General Steve Harris that a mistake
may have been made on the death certificate of the victim, Mary Ruth Prince,
61, of Tyrone.
Prince died
in the hospital Dec. 9, 16 days after the auto accident, of an infection
which Dr. F. Augustus Dozier originally attributed to injuries from the
crash. But moments before he was to take the stand, Dozier said that after
looking at Prince's medical file, the infection might have been caused
Harris was
expecting Dozier to testify that the crash caused the injuries that killed
Prince, based on what Dozier put on her death certificate which he signed,
Harris noted. Instead, Dozier told Harris there was "no certainty
at all" that Prince's death was caused by injuries received during
the auto collision.
After the charge
was dropped, Rogers pled no contest to failure to stop at a stop sign.
Sams sentenced him to 12 months of non-reporting probation and a $1,000
fine, the maximum allowed by law.
Relatives of
Mrs. Prince were visibly upset at the outcome, with a man who said he
was her son complaining that Rogers has expressed no remorse for the accident.
Rogers told
the court that Prince's family is constantly in his prayers.
"Regardless
of the outcome today I'll have to carry that with me for the rest of my
life," Rogers said. "There's no way I can express how sorry
I am to the family."
The crash occurred
Dec. 9 at the intersection of Ardenlee and Ga. Highway 74 north. Prince
was coherent at the accident scene but was later found to have internal
injuries, a Peachtree City paramedic testified Monday.
Rogers had
pulled out into the path of Prince's vehicle, which was headed south on
the highway, as Rogers tried to drive into Ardenlee, Harris said. Prince's
car slammed head-on into the passenger's side of Rogers's sport utility
vehicle, Harris said.
Rogers's attorney,
Scott Ballard, said Rogers and his son recalled seeing the right turn
signal activated on Prince's vehicle and Rogers assumed she was slowing
down to turn when he proceeded through the intersection.
Harris said
he felt bad for Prince's family, but as an officer of the law he had little
choice but to drop the vehicular homicide charge.
"I have
an obligation to the family but I also think I have an obligation to justice,"
Harris told Sams before dropping the charges.







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