Cobb County Jury Convicts Driver in DUI Crash That Killed Smyrna Police Officer
A Cobb County jury has found a driver guilty of killing a Smyrna police officer in a 2020 traffic accident. On April 20, 2020, Officer Christopher Eric Ewing was working traffic enforcement on South Cobb Driver near the Interstate 285 interchange. During the night, dispatch lost contact with the officer and 911 operators began receiving calls about an incident involving an officer. When officers arrived at the scene, they found the entire top of Ewing’s patrol vehicle caved in and an SUV with major front-end damage nearby.
Officials say that night Ewing noticed a speeding car and pulled onto South Cobb Drive to initiate a traffic stop. Before he could, however, a Chevy Tahoe turned in front of his vehicle, causing the crash.
The officer sustained internal injuries as a result of the crash and died shortly after being extracted from the vehicle. Ewing had been with the department for two years, serving nights in the Uniform Patrol Division.
According to evidence produced in court, officials say Georgia State Patrol troopers spoke with the driver of the Tahoe and detected “the odor of alcohol” emanating from his person. After securing a search warrant for the defendant’s blood, GBI investigators determined that he was under the influence of alcohol when the crash occurred.
After deliberating for two days, a Cobb County jury found the defendant guilty of one count of vehicular homicide by vehicle in the first degree, one count of failure to yield, one count of an open container, and one count of tampering with evidence.
Vehicular homicide by vehicle in the first-degree
Vehicular homicide charges can be brought against an individual who accidentally kills another person in a traffic accident. The death is generally the result of the driver’s negligent or reckless actions or due to not abiding by standard traffic laws. Georgia has two types of vehicular homicide: first- and second-degree. First-degree vehicular homicide is considered a felony in Georgia and carries with it serious penalties.
To be charged with vehicular homicide in the first degree, the law must prove one of the following was true:
- The defendant overtook or passed a school bus
- The defendant was guilty of reckless driving
- The defendant was driving under the influence of drugs or alcohol
- The defendant was attempting to flee or elude police
- The defendant was engaged in a hit and run accident
It’s important to understand that felony vehicular homicide can be proven either by DUI per se (your BAC was over .08 at the time of the accident) or DUI less safe which does not require police to prove that your BAC was over .08 but rather that your normal faculties were impaired. Anyone convicted under this statute could spend between 3 and 15 years in state prison.
Talk to a Smyrna, GA DUI Lawyer Today
The Smyrna DUI lawyers at Andrew L. Schwartz, P.C. represent the interests of those who have been charged with DUI and related crimes. Call our office today to schedule an appointment, and we can begin preparing your defense immediately.
Source:
fox5atlanta.com/news/officer-christopher-eric-ewing-smyrna-crash-jury-conviction
