One charge dismissed in death of Raleigh Co. bicyclist
A circuit judge has dismissed a negligent homicide charge against Mount View High School football coach Leon Steven Gravely in the death of a 70-year-old bicyclist.
BECKLEY, W.Va. -- A judge has dismissed a negligent homicide charge against Mount View High School football coach Leon Steven Gravely in the death of a 70-year-old bicyclist.
Prosecutors contended that Gravely was talking on his cell phone and was distracted when his vehicle hit Charles Edward Williamson on the Coalfields Expressway in 2007.
Raleigh Circuit Judge H.L. Kirkpatrick dismissed the charge last week. Citing a state Supreme Court ruling, Kirkpatrick said driver inattentiveness alone doesn't prove reckless disregard, which is required for a conviction.
Kirkpatrick also said prosecutors hadn't produced phone records to support their claim.
Gravely still faces misdemeanor charges of reckless driving, failure to maintain control and speeding.
BECKLEY, W.Va. -- A judge has dismissed a negligent homicide charge against Mount View High School football coach Leon Steven Gravely in the death of a 70-year-old bicyclist.
Prosecutors contended that Gravely was talking on his cell phone and was distracted when his vehicle hit Charles Edward Williamson on the Coalfields Expressway in 2007.
Raleigh Circuit Judge H.L. Kirkpatrick dismissed the charge last week. Citing a state Supreme Court ruling, Kirkpatrick said driver inattentiveness alone doesn't prove reckless disregard, which is required for a conviction.
Kirkpatrick also said prosecutors hadn't produced phone records to support their claim.
Gravely still faces misdemeanor charges of reckless driving, failure to maintain control and speeding.