Road rage suspect caught driving, so back to jail he goes

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Road rage suspect caught driving, so back to jail he goes

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A Sharpsburg man accused of

killing a Fayette woman in a road-rage altercation last May is back in

jail for failing to comply with bond conditions.

Paul Samuel Gardner Jr., 32,

twice violated bond conditions forbidding him from driving, and he also

failed to submit proof of drug testing to the court as ordered by Superior

Court Judge Christopher C. Edwards, according to court documents.

Gardner was arrested Thursday

afternoon after his $66,000 bond was revoked by Superior Court Judge Paschal

A. English Jr.

The May 10 wreck killed Kera

Nicole Koon, 21, after police say she lost control of her vehicle on Ga.

Highway 54 near Tyrone Road. Gardner is charged with two counts of vehicular

homicide and one count each of reckless driving, hit and run from an accident

resulting in death and speeding.

Fayette County sheriff's

detectives have alleged Gardner and Koon engaged in a road rage altercation

moments before the crash while driving toward Peachtree City.

Witnesses told detectives that

Gardner tapped on his brakes twice while his Ford F-250 truck was in front

of Koon's vehicle, a Chevy Blazer. Detectives charged that Koon's

reaction to that maneuver caused her to lose control of her truck.

The criminal indictment against

Gardner also alleges that he blocked both lanes of travel while he drove

in front of Koon.

A passenger in Koon's

vehicle told detectives she was frightened after Gardner's truck

sped up to catch them after Koon allegedly cut Gardner's truck off.

Gardner didn't stop at

the scene after the wreck, but he later passed by the crash scene and

then turned himself in to the sheriff's department. He later gave

a taped interview with detectives, which was accidentally recorded over

The mishandling of that key

evidence is one reason Gardner's attorneys are asking the court to

drop the charges. In a court filing, attorneys Lee Sexton and Scott Key

argue the tape could have shown whether detectives coerced Gardner during

the interview in violation of his Miranda rights.

The attorneys also criticized

the sheriff's department for failing to secure Koon's vehicle

as evidence, which resulted in the Blazer's grill going missing after

it was held at an unsecured facility.

"The grill would have

been a vital piece of evidence in this case," according to the brief

from Sexton and Key. "An examination of it would have shown whether

Gardner made contact with his assailant."

Gardner's attorneys are

also seeking a court order for a test to determine if Koon was under the

influence of drugs at the time of the accident.

According to court documents,

Gardner was encountered driving his vehicle twice by police officers in

Tyrone and Peachtree City. He has also failed to produce evidence he has

attended drug counseling and taken weekly drug tests as ordered by Judge

Edwards.

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