Multiple Car Wreck Results in Two Deaths

Posted by Richard Lawson | Nov 11, 2013 | 0 Comments

The Atlanta Journal-Constitution reported today that two people are dead as a result of a multi-car wreck which took place in Henry County yesterday afternoon (Sunday, November 10th) at around 3:30 pm on Georgia 81, near Sowell Road.

According to reports traffic was backed up because of cars turning into the Tractor Supply Store.

An eastbound 2004 Jeep Grand Cherokee, driven by Michael Jacob Smith, 20 of Locust Grove stopped for the congestion, and was rear ended by a 1995 Chevrolet Cavalier.  Henry County Police Sergeant Joey Smith stated, "The impact caused the Jeep to go into the westbound lane of Highway 81, where it was struck by a 2004 Chrysler Town and Country traveling westbound.”

Michael Jacob Smith and his passenger, Chandler Nicole Ellenberg, 21 of McDonough, died at the scene.The driver of the Chrysler Town and Country was taken to Atlanta Medical Center for treatment of non-life threatening injuries.  The name of the driver of the Cavalier which struck Mr. Smith's Jeep, causing the accident, was not released.  The driver of that vehicle was not injured, but faces two counts of following too closely, and second degree Vehicular Homicide.

The Tractor Supply Store, relatively new to the area was the subject of some debate when the Henry County Zoning Board considered the application for the variance required to allow it to open on that property.  At least one local resident, Bonnie Hardy, 85, expressed concern that the location of the store would cause a bottleneck in traffic should anyone wish to turn into the parking lot.  The Henry County Zoning Board approved the decision to allow the variance unanimously.

As mentioned, the driver of the Cavalier will be charged with second degree Vehicular Homicide, or Homicide by Vehicle in the Second Degree.

Homicide by Vehicle is dealt with in Title 40-6-393 of the Georgia Code, subsection (c), as follows:

(c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163 (overtaking a school bus), subsection (b) of Code Section 40-6-270 (hit and run), Code Section 40-6-390 (reckless driving) or 40-6-391 (DUI), or subsection (a) of Code Section 40-6-395 (fleeing or attempting to elude a police officer) commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3. (Bold emphasis added).

Vehicular Homicide in the second degree is punishable by up to 12 months in jail, $1,000 in fines, plus court costs and surcharges and up to 12 months of probation.

If you have been arrested for homicide by vehicle, DUI, or any other traffic related offense in Henry County or anywhere in North Georgia, you need experienced and effective representation immediately.  Contact the Law Offices of Richard S. Lawson at our 24 hour hotline (404) 816-4440 to schedule your free consultation today.  Richard has been handling DUIs and other traffic related cases for over 20 years.  He is the top ranked DUI defense attorney in Metro Atlanta and throughout North Georgia, according to AVVO. Call on Henry County DUI Lawyer Richard Lawson today. 

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