A pedestrian was struck by a vehicle near the 600 Block of Clover Street around 11:40 PM last night, not once, but several times.
According to the Atlanta Journal-Constitution, the driver of the vehicle, Bryan Bush, allegedly ran over the victim, then put his car in reverse and backed over him, before driving over him a third time. A witness to the incident apparently pulled Mr. Bush from the vehicle before he could cause any further damage.
Firefighters responded to the scene and after removing the victim from under Mr. Bush's vehicle transported him to Grady Memorial Hospital. He had several fractures and a lacerated liver.
Mr. Bush was arrested on charges of Aggravated Battery.
In Georgia, the charge of Aggravated Battery occurs when one maliciously causes bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, or by seriously disfiguring his body or a member thereof. O.C.G.A. 16-5-24(a).
Aggravated Battery is a felony that carries with it the possibility of 1-20 years in prison.
More than likely, once in the hands of prosecutors, Mr. Bush may be alternately charged with Serious Injury by Vehicle, which is also a felony and carries with it the possibility of up to 15 years in prison. Serious Injury by Vehicle occurs when one "without malice, shall cause bodily harm to another by depriving him of a member of his body, by rendering a member of his body useless, by seriously disfiguring his body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless through the violation of Code Section 40-6-390 or 40-6-391 shall be guilty of the crime of serious injury by vehicle. A person convicted under this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than one year nor more than 15 years." O.C.G.A 40-6-394.
The underlying charges of DUI or Reckless Driving must be present for one to be charged with Serious Injury by Vehicle, but in Mr. Bush's case, the State will clearly allege that he was driving recklessly when he repeatedly ran over the victim.
Neither the victim's name, nor the name of the reporting witness who pulled Mr. Bush from the vehicle were given in the news article. The testimony of the witness will be essential to the State at trial, as it appears he witnessed the entire event.
If you have been charged with Reckless Driving or Serious Injury by Vehicle in Atlanta or anywhere in North Georgia, contact the Law Offices of Richard S. Lawson immediately for a free consultation about your case. He is one of the most recommended DUI attorneys in Georgia. His ranking can be found on AVVO.