Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: FRIDAY, January 21, 1994 TAG: 9401210173
SECTION: VIRGINIA PAGE: B-1 EDITION: METRO
SOURCE: By LAURENCE HAMMACK STAFF WRITER
DATELINE: LENGTH: Medium
Kevin Wade Payne, 35, earlier had pleaded guilty to involuntary manslaughter in Roanoke County Circuit Court.
Unlike most manslaughter cases, Payne was not speeding, drunk or driving in violation of a court order when the accident happened.
His crime essentially was being in too much of a hurry - following closely behind a compact car, blowing his horn and flashing his lights.
When the car slowed for a turning vehicle, Payne was unable to stop in time and struck the car, causing a crash that killed Ralph Walters of Roanoke County as he was being driven to day care by his father.
Judge Kenneth Trabue noted that the case was unusual because it did not involve drugs or alcohol.
Because of potential legal questions had the case gone to trial, a plea agreement was reached last year that called for a maximum sentence of 12 months in jail.
Trabue sentenced Payne to nine months, with another three months to be suspended if he completes 200 hours of community service, according to Assistant Commonwealth's Attorney Bill Broadhurst.
Payne's driver's license was suspended and he was ordered Thursday to begin serving his jail sentence.
At an earlier hearing, Broadhurst gave the following summary of the case:
At 8:30 a.m. July 29, Ralph Walters was a passenger in a car driven by his father, the Rev. Joseph Walters of Catawba Valley Baptist Church.
Payne, who was driving a dump truck loaded with 55,000 pounds of sand, began following Walters' car closely in a no-passing zone of Virginia 311 near Catawba.
When Walters slowed for a turning car in front of him, Payne's truck ran into the back of the car. The impact knocked Walters' car into the path of another dump truck, approaching from the opposite direction.
Ralph Walters died of head injuries. His father was seriously injured and now must use a wheelchair.
Payne did not testify Thursday. His attorney, Mark Kidd, called a psychiatrist and family members to testify that while Payne has trouble expressing his feelings, he has accepted responsibility for his actions.
Keywords:
FATALITY
by CNB