Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, March 2, 1994 TAG: 9403020203
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
SOURCE: By PAUL DELLINGER STAFF WRITER
DATELINE: PULASKI LENGTH: Medium
That could change in May if the prosecution seeks a direct grand jury indictment against Catherine M. York.
According to testimony, York was driving Dec. 17 near Dublin, after her license had been suspended, when she made a turn on a three-lane section of U.S. 11 into the wrong lane.
In the chain-reaction accident, her 1982 Subaru hit a dump truck driven by Bennett Mann of Dublin and forced it into oncoming traffic. It crushed a four-wheel-drive vehicle driven by Robert Rutherford of Radford.
A passenger in the Rutherford vehicle, Ruby E. McGhee, 69, of Yukon, W.Va., died from her injuries .
Trooper L.W. Findley, the only person to testify at York's preliminary hearing on the involuntary manslaughter charge, said she told him that she was unfamiliar with the area and did not realize she had turned onto the wrong lane.
Under cross examination by defense attorney Roy David Warburton, Findley said it was getting dark at the time of the accident. He said the direction of traffic in the middle lane changes along that section of U.S. 11 and, while the traffic directions are marked on the pavement, there are no traffic signs or signals.
York was guilty of making a wrong judgment, Warburton said, but ``bad judgment is not criminally culpable unless you add something to that bad judgment . . . wanton disregard for human life.''
Assistant Commonwealth's Attorney Steve Plott argued that York's driving at all, without a license because of a previous conviction of driving while intoxicated, made a difference.
``She has been deemed an unsafe driver,'' Plott said. If it had happened to a licensed driver, it would involve only negligence, he added. ``However, we have this other fact that elevates it beyond what Mr. Warburton said.''
Plott said it was a mixed question of fact and law for a trial judge or jury to decide. Warburton said that argument simply said ``please certify it so I can argue it in front of another judge.''
General District Court Judge Edward Turner agreed. ``What this woman has done - basically, she turned down the wrong side of a divided highway,'' he said and, while the consequences were tragic, it was not a case of criminal wrongdoing.
Turner dismissed the involuntary manslaughter charge, noting that Plott could take the case to a grand jury and seek a direct indictment. ``This case may very well make some new law,'' Turner said.
The next grand jury convenes May 23 in Pulaski County.
Other charges against York, including reckless driving and driving with no liability insurance, were dismissed about a month ago at the request of the prosecution, which chose to concentrate on the involuntary manslaughter charge.
York does face charges in other jurisdictions, including driving with a suspended license.
Keywords:
FATALITY
Memo: Shorter version ran in Metro edition.