A police chase in December resulted in a police conducted PIT Maneuver and a crash into a pole in Fulton County. According to reports, the suspect in that case, Emmitt Daniels, fled the scene but was later apprehended by police. He was charged with theft crimes, aggravated assault against an officer, and several different criminal street gang offenses.
However, as of January 11th, Daniels is facing a separate charge for homicide. This is the result of police discovering a body near the scene of the accident. Police believe that Marcus McCrary was hit by Daniels' car during the PIT maneuver intended to stop Daniels' vehicle. Police have hypothesized that the crash knocked him into a wooded area. The most concerning aspect of the charge faced by Daniels is that McCrary was found nearly five weeks after the initial crash.
Vehicular Homicide in Georgia
Vehicular Homicide in Georgia is divided into two different degrees of severity by Georgia Law in O.C.G.A. §40-6-393.
Vehicular homicide in the first degree is defined as:
A person will be charged with homicide by vehicle in the first degree when, without malice aforethought, a death is caused by the person either DUI in Georgia, unlawfully passing a school bus in Georgia, reckless driving in Georgia, fleeing or attempting to elude a police officer in Georgia, or leaving the scene of the accident in Georgia.
Vehicular homicide in the first degree is classified as a felony offense in Georgia. The penalty if convicted can include up to fifteen years in prison.
Vehicular homicide in the second degree is defined as:
Homicide by vehicle in the second degree occurs when death results due to a violation of any other statute other than the ones specified for homicide in the first degree.
Vehicular homicide in the second degree is classified as a misdemeanor. The penalty if convicted can include up to 12 months in jail and a fine up to $1,000.
Regardless of what Daniels or the officers in the case are charged with - the death of Marcus McCrary was a terrible thing that occurred in a horrendous manner. The biggest question being asked by McCrary's family is how officers that initially responded to the scene of the crash, and then how officers who spent eight hours investigating the scene did not find McCrary's body until five weeks later.
As a Georgia DUI Lawyer, I am tasked with representing vehicular homicide cases as they mostly go hand in hand with cases of reckless driving or DUI.
Vehicular Homicide in Georgia is one of the most serious legal offenses that a person can be accused of committing. If you or a loved one has been arrested, contact our offices today.