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TRUCKER SENT TO JAIL

Trucker to serve three months for fatal accident that killed Stafford woman

Date published: 10/27/2009

BY KEITH EPPS

The trucker who was driving the rig that ran a red light and killed a Stafford woman Feb. 2 will serve three months in prison.

James Edgar Smith, 59, of Gwynn in Mathews County had previously been convicted of involuntary manslaughter in connection with the crash that killed 57-year-old Susan Lee Haines.

Judge J. Martin Bass yesterday in Stafford Circuit Court sentenced Smith to five years in prison with all but three months suspended.

Bass' sentence was right in the middle of the state sentencing guidelines, which called for a sentence ranging from no prison time to six months.

According to the evidence, Smith's 18-wheeler was loaded with sand and weighed 83,000 pounds as it headed north on U.S. 17 that day.

Haines was driving the third vehicle in line coming from Poplar Road onto Route 17. Smith drove through a red light and into Haines' vehicle.

Police later determined that Smith's rig had no front left brakes, and the right front brakes were not working.

But there was no evidence that Smith ever hit his brakes. He told police that he thought his light was green and that he never saw Haines.

Defense attorney Mark Gardner argued that Smith did not deserve a lengthy prison sentence.

He said he had no prior criminal record, was not speeding and had no drugs or alcohol in his system.

Gardner said that while Smith did have faulty brakes, the brakes had nothing to do with the accident.

Gardner said the brakes on four of his five axles were working, meaning he had 80 percent of his braking capacity.

"He made a tragic mistake," Gardner said. "But this is not a man who makes a habit of violating the law."

Smith was supposed to be sentenced earlier this month, but prosecutor Michael Hardiman asked for a continuance so that Bass could handle the case. Judge H. Harrison Braxton Jr. was on the bench Oct. 16.

Braxton said he was offended by the request, but granted it anyway.

Hardiman said he was not being disrespectful, but felt Bass should do the sentencing because he handled Smith's previous court appearances.

Keith Epps: 540/374-5404
Email: kepps@freelancestar.com



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Date published: 10/27/2009


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worked for me... (posted by pensfan71 , Oct. 28, 2009 5:19 pm)   
and from personal experience, dealing with other lawyers in the area and then dealing with "the best"....there was a dramatic difference in results. whether its who you know or what you know...you definitely get what you pay for with "the best"

Before anyone buys the claim that any particular (posted by SimplyAmazed , Oct. 28, 2009 4:06 pm)   
person "is the best defense lawyer in the area" it might be wise to sit in on a few cases defended by "the best" and decide for yourself whether this is a legitimate claim. Recently, I served on a jury and was amazed at how unimpressed I was. Rumors, like chain letters, promise great things that rarely, if ever, happen. Before you buy the goods, check it out for yourself. Of course, in this good ole boy area, its often more who you know than what you know.

i think its obvious (posted by pensfan71 , Oct. 28, 2009 11:21 am)   
the guy made a mistake, i'm sure if he saw the light he wouldve made an attempt to stop. i think he paid a good lawyer and got what he paid for.....

Time (posted by 2centsworth , Oct. 28, 2009 10:51 am)   
What would be accomplished by giving him more time? It's called punishment, and the time doesn't fit the crime. It wasn't an accident when he drove a tractor trailer knowing it had faulty equipment. It's a total disregard for the safety of others and 3 months is not enough time to serve for that. He never even tried to stop. This was no better than knowingky getting behind the wheel after having too much to drink. Justice was not served. My sympathies to the family of the victim.

I feel ashamed (posted by wideopenspace , Oct. 27, 2009 4:57 pm)   
to drive a truck because of this driver amongst many. He knowingly drove that truck without proper working brakes, that is an OOS order and he knew it. We're held to a higher standard for a reason, this guy totally disregarded that standard. You can kill someone in a car vs car and get more time than he got. The Culpeper truck crash in 2007 that killed 2 KG people netted the driver 2 years and a piece. He ran a red light also and the vehicle was 2nd in line. Very little skid marks were found.

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