More Charges Filed in Forsyth County Vehicular Homicide Case

Posted by Richard Lawson | Jun 11, 2014 | 0 Comments

After being released on bond, Adam Joseph Di Millo was re-arrested on the additional charges of reckless driving, too fast for conditions, failure to maintain lane, seatbelt violation, and violating the conditions of his Class D License.

He was released from Forsyth County Jail after making a bond of $4180 bond.

The purpose of his re-arrest is lost upon the news media who generally don't understand legal proceedings.

Police previously charged the 17-year-old from Dawsonville with DUI, minor in possession of alcohol, and first degree homicide by vehicle in the wreck that killed Di Millo's 17-year-old friend, Paul Louis Castell, Jr.

Vehicular homicide requires a predicate offense. In this case, the main predicate offense is driving under the influence.  However, the prosecution wants to have as many potential predicate offenses in order to assure a conviction.

By arresting Mr. Di Millo for more predicate offenses, it opens up the possibility of charging him with an alternative predicate offense vehicular homicide, such as one based on reckless driving.  A person convicted of vehicular homicide based on driving recklessly is subject to the same penalties as if the case was a vehicular homicide based on being DUI.

If the State cannot prove DUI or reckless driving, they have now charged several other predicate offenses (too fast for conditions and failure to maintain lane) that could potentially result in a misdemeanor vehicular homicide conviction.  This is the State's ultimate fall-back position.

So, the purpose of this arrest was for the prosecution to tie up loose ends in order to present their best possible case against Mr. Di Millo.

To review the facts of the case, police believe that after leaving a party, Di Millo lost control of the truck he was driving with four other teen passengers on Kelly Mill Road at Rockingham Run.  The truck hit a telephone pole and Castell, Jr. was ejected from the vehicle.  Castell, Jr., an upcoming senior at North Forsyth High School, died at the scene while Di Millo and the three remaining passengers were treated for non-life-threatening injuries at the local hospital.

Just days after the accident, police arrested the host of the party the teens had attended.  Jeremiah Luke Funke has been accused of possession of marijuana less than an ounce, minor in possession of alcohol, and maintaining a disorderly house.

This case is a sad example of a young person who has thrown his life away.  Paul Louis Castell Jr. is dead.  Adam Robert Di Millo (age 17) will likely go to prison, and Jeremiah Luke Funke (age 18) has been charged with various misdemeanors including possession of marijuana, underage possession of alcohol, and maintaining a disorderly house.

If your child has been arrested for DUI, reckless driving, or minor in possession, contact the Law Offices of Richard Lawson.  Their team of experts can help you navigate your teens charges and build a successful defense.  Someone is available to take your call, 24 hours a day, 7 days a week.

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Richard Lawson

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