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Date: 03-25-2022
Case Style:
Case Number:
Judge: Quentin Sumner
Court: 1st Superior Court Division, Nash County, North Carolina
Plaintiff's Attorney: Nash County District Attorney's Office
Defendant's Attorney: John J. Wells
Description: Rocky Mount, North Carolina criminal defense lawyer represented Defendant charged with felony death by vehicle and of driving while impaired.
William Harrison, 60, was charged with having unintentionally caused the death of Ronald Kelly, 52, on Sept. 30, 2020.
G.S. 20-141.§ Felony and misdemeanor death by vehicle; felony serious injury by vehicle;
aggravated offenses; repeat felony death by vehicle.
(a) Repealed by Session Laws 1983, c. 435, s. 27.
(a1) Felony Death by Vehicle. – A person commits the offense of felony death by
vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the offense of impaired driving under G.S.
20-138.1 or G.S. 20-138.2, and
(3) The commission of the offense in subdivision (2) of this subsection is the
proximate cause of the death.
(a2) Misdemeanor Death by Vehicle. – A person commits the offense of misdemeanor
death by vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the violation of any State law or local ordinance
applying to the operation or use of a vehicle or to the regulation of traffic,
other than impaired driving under G.S. 20-138.1, and
(3) The commission of the offense in subdivision (2) of this subsection is the
proximate cause of the death.
(a3) Felony Serious Injury by Vehicle. – A person commits the offense of felony serious
injury by vehicle if:
(1) The person unintentionally causes serious injury to another person,
(2) The person was engaged in the offense of impaired driving under G.S.
20-138.1 or G.S. 20-138.2, and
(3) The commission of the offense in subdivision (2) of this subsection is the
proximate cause of the serious injury.
(a4) Aggravated Felony Serious Injury by Vehicle. – A person commits the offense of
aggravated felony serious injury by vehicle if:
(1) The person unintentionally causes serious injury to another person,
(2) The person was engaged in the offense of impaired driving under G.S.
20-138.1 or G.S. 20-138.2,
(3) The commission of the offense in subdivision (2) of this subsection is the
proximate cause of the serious injury, and
(4) The person has a previous conviction involving impaired driving, as defined
in G.S. 20-4.01(24a), within seven years of the date of the offense.
(a5) Aggravated Felony Death by Vehicle. – A person commits the offense of
aggravated felony death by vehicle if:
(1) The person unintentionally causes the death of another person,
(2) The person was engaged in the offense of impaired driving under G.S.
20-138.1 or G.S. 20-138.2,
(3) The commission of the offense in subdivision (2) of this subsection is the
proximate cause of the death, and
(4) The person has a previous conviction involving impaired driving, as defined
in G.S. 20-4.01(24a), within seven years of the date of the offense.
(a6) Repeat Felony Death by Vehicle Offender. – A person commits the offense of
repeat felony death by vehicle if:
(1) The person commits an offense under subsection (a1) or subsection (a5) of
this section; and
(2) The person has a previous conviction under:
a. Subsection (a1) of this section;
b. Subsection (a5) of this section; or
c. G.S. 14-17 or G.S. 14-18, and the basis of the conviction was the
unintentional death of another person while engaged in the offense of
impaired driving under G.S. 20-138.1 or G.S. 20-138.2.
The pleading and proof of previous convictions shall be in
accordance with the provisions of G.S. 15A-928.
(b) Punishments. – Unless the conduct is covered under some other provision of law
providing greater punishment, the following classifications apply to the offenses set forth in
this section:
(1) Repeat felony death by vehicle is a Class B2 felony.
(1a) Aggravated felony death by vehicle is a Class D felony. Notwithstanding the
provisions of G.S. 15A-1340.17, the court shall sentence the defendant in the
aggravated range of the appropriate Prior Record Level.
(2) Felony death by vehicle is a Class D felony. Notwithstanding the provisions
of G.S. 15A-1340.17, intermediate punishment is authorized for a defendant
who is a Prior Record Level I offender.
(3) Aggravated felony serious injury by vehicle is a Class E felony.
(4) Felony serious injury by vehicle is a Class F felony.
(5) Misdemeanor death by vehicle is a Class A1 misdemeanor.
(c) No Double Prosecutions. – No person who has been placed in jeopardy upon a
charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the
same death; and no person who has been placed in jeopardy upon a charge of manslaughter
may be prosecuted for death by vehicle arising out of the same death. (1
Outcome: Defendant was sentenced to four years and three months in prison.
Plaintiff's Experts:
Defendant's Experts:
Comments: