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Jamboree founder “not guilty” |
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Written by Andrew Powell
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Friday, 13 June 2008 |
An eight woman, four man jury decided Coal Miner Jamboree founder Claude Davis did not act recklessly when involved in a car crash last year that claimed the life of a local woman.
After spending just part of a day Wednesday listening to testimony in the case, the jury took around an hour to return a verdict relieving Davis of criminal charges. Davis headed into the trial facing a charge of second-degree manslaughter.
The charges were presented against Davis, known locally for his entertainment-based outreach ministry, in September 2007 accusing the 57-year-old man of “operating a motor vehicle in such a manner, which manifested an extreme indifference to human life.” The charged stemmed from an accident that occurred on June 8, 2007. At that time, Davis was traveling southbound on U.S. 27 near Pine Knot when his vehicle struck the vehicle of 45-year-old Abigail Marlar. Marlar was stopped along U.S. 27 and turning onto Cal Hill Road toward her place of work at the nursing home. Marlar was pronounced dead at the scene following the accident.
“This case centered around a moment of clear tragedy, not criminal actions,” said Austin Price, defense attorney for Davis, following announcement of the verdict.
Davis simply said he was “glad this is over.”
Davis took the stand in his own defense through the course of the trial saying he did not know what happened on that day when the accident occurred. Davis recalled bits of information from the moments preceding the accident, but said “nothing stood out in his mind” to correspond with the testimony of Amanda Meadows, a witness called earlier in the trial by Commonwealth’s Attorney Allen Trimble.
Meadows said she was traveling south on U.S. 27 when she noticed Davis’ vehicle next to hers in the “fast lane” on Job Corps hill. Meadows said Davis was driving erratically and at one point she pulled to the shoulder of the road to avoid Davis as he attempted to maneuver between her car and another within the two southbound lanes. Meadows further said Davis passed a car by driving on the shoulder of the road and ran a yellow caution light at the traffic signal in Pine Knot. At that time, she attempted to catch up to him to retrieve a license plate number to report to authorities. Meadows was stopped by a red light at the traffic signal, with the accident occurring just seconds later a short distance further south.
Davis claimed he did remembering stopping at a red light at the signal in Pine Knot, but did not remember the accident occurring. He maintained he was not traveling at a high rate of speed, a statement corroborated by an accident report issued at the time and by two witnesses to the accident, Price said.
“The last thing I would want to do is hurt someone,” Davis said from the stand. “I hold all life precious and would never do anything to hurt somebody.”
When questioned by Trimble, Davis did say Marlar had done nothing to cause the accident, and when further questioned, admitted his fault in the accident.
But, Price argued that officers investigated the wreck as an accident, not something that had implications of reckless or criminal behavior on behalf of Davis. He said, though the exact cause of the accident may never be known, Davis could have simply been distracted for a moment, for instance by the dog riding with him in his car, but added being distracted is not a crime.
“All of us have been distracted somewhere along the line while driving,” Price said in closing, arguing Davis was not “grossly negligent” in his actions as warranted by the charges. “The state should not send people to jail over distractions.”
Evidence revealed alcohol and/or drugs were not a factor in the accident.
Trimble urged jurors to follow the testimony of Meadows, which set forth fact that Davis’ erratic driving behavior set forth wanton conduct thus justifying the criminal charges and his conviction.
“It’s not an accident when you drive like that,” Trimble said. “The facts are clear and uncontradicted.”
After Trimble offered his closing argument, the jury began deliberations in the case. Davis left the courtroom for a moment, but returned to his seat in the courtroom to await the verdict along with a gallery of his supporters and family members of Marlar’s.
When Circuit Court Judge Paul Braden read the “not guilty” verdict aloud in the courtroom, applause briefly filled the room. Braden then formally proclaimed Davis not guilty and discharged him from court.
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