ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Wednesday, June 26, 1996 TAG: 9606260029
SECTION: CURRENT PAGE: NRV-1 EDITION: NEW RIVER VALLEY
DATELINE: FLOYD
SOURCE: LISA K. GARCIA STAFF WRITER
A Circuit Court judge ruled Tuesday that a Floyd County man will serve 12 months in the county jail - the maximum sentence - for reckless driving in connection with a head-on collision last year where a Rocky Mount man died.
Judge Ray Grubbs threw out an involuntary manslaughter charge against Brian Wesley Perkins, 21, saying the evidence did not show a reckless disregard for human life.
"The defendant's negligence does not rise to that criminal level," Grubbs said.
Perkins was fined $2,500 for the reckless driving conviction and his driver's license was suspended for six months. In addition, Grubbs found Perkins guilty of underage possession of alcohol (Perkins was 20 at the time of the wreck) and sentenced him to 10 days in jail, suspended his driver's license for 12 months and fined him $250 on that charge.
Grubbs found Perkins not guilty of driving with a suspended license based on evidence that Perkins had not received notification of the suspension that occurred because of an unpaid fishing fine in Franklin County.
Both lawyers in the case said it was a close call, given the evidence, whether Perkins would be found guilty of involuntary manslaughter or reckless driving.
Defense attorney Jimmy Turk said he could not complain about the judge's verdict.
"He gave this decision a lot of thought and followed the law," Turk said. "It was a very fair judgment."
Norman Wayne Swartz, 53, died in the September accident when his sports utility vehicle was hit head-on in his lane by Perkins' truck. The Rocky Mount resident was a retired plant manager for Bristol Manufacturers.
Testimony by a state trooper estimated Perkins' truck was traveling 79 mph in the 55 mph zone when it collided with the Swartz vehicle. Perkins testified that he never exceeded 60 mph.
LENGTH: Short : 43 linesby CNB