ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Friday, May 31, 1996 TAG: 9605310024
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
DATELINE: FLOYD
SOURCE: LISA K. GARCIA STAFF WRITER
Brian Wesley Perkins testified he never exceeded 60 mph the night his truck collided with a sports utility vehicle on Virginia 681, killing the driver.
But Floyd County Commonwealth's Attorney Gino Williams said photographs of the scene and testimony by a state trooper contradict Perkins' testimony and show he was driving 79 mph in the 55 mph zone when the vehicles hit.
Perkins, 21, was tried Tuesday on charges of involuntary manslaughter, reckless driving, possession of alcohol underage (he was 20 at the time of the accident) and driving with a suspended license.
Circuit Judge Ray Grubbs will render a judgment June 14.
Norman Wayne Swartz Sr., 53, died Sept. 30 when his vehicle was hit head-on in his lane. The Rocky Mount resident was a retired plant manager for Bristol Manufacturers.
Perkins, of Floyd, expressed his regret over the accident during his testimony.
"[Swartz] had kids and grandkids ... I just feel like he deserves more," Perkins said. "I knew we were going to hit. If it could have been me instead of him that's the way I would have had it."
Jimmy Turk, Perkins' attorney, said speed was the only pertinent evidence in the case, and speeding still falls short of the evidence needed to prove an involuntary manslaughter charge.
The alcohol charge is based on evidence that Perkins had a beer before leaving a friend's house. There were no beer containers in Perkins' truck.
Michael Short, of Floyd, testified Perkins was not intoxicated when he left his house at 9:30 p.m. The accident occurred moments later.
A rescue worker, state trooper and hospital employee all testified that Perkins was coherent and alert the night of the accident and did not appear to be intoxicated.
Perkins also testified he did not know his driver's license was suspended. A form was sent to Perkins in the mail notifying him of the penalty, which suspended his license for failure to pay a fine for fishing without a license in Franklin County.
"I never got anything in the mail," Perkins testified. "The Monday after the accident the trooper said my license was suspended." Perkins said his parents took him to the Department of Motor Vehicles that day and his license was reinstated.
The reckless driving charge is related to the speed and nature of the accident.
The collision threw Swartz's vehicle back about 32 feet.
Perkins testified Swartz's vehicle was in his lane and he attempted to avoid hitting it.
"His right headlight was dead above the center line ... his car was in my lane," Perkins testified. "I knowed we were going to hit. I swerved all the way right, then went into his lane to go through a neighbor's yard and we hit."
Perkins faces a maximum sentence of 10 years in prison and a $2,500 fine if found guilty of involuntary manslaughter. The remaining charges are misdemeanors that carry fines and a maximum jail terms of six months.
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