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Vehicular homicide trial centers on condition of Mike Padgett Highway construction zone

Tuesday, Jan. 24, 2012 4:08 PM
Last updated 5:21 PM
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Testimony during the second day of a vehicular homicide trial Tuesday centered on what witnesses described as a confusing construction zone.

Bill Danes, 45, of Jackson, Ga., died instantly after he was hit by a pickup June 11, 2009, while standing outside his dump truck during an asphalt delivery on Mike Padgett Highway. Police named Charles Oglesby as the pickup’s driver and charged him with vehicular homicide, driving under the influence and driving on the wrong side of the road.

Oglesby’s attorney, Jacques Hawk, brought several people to court Tuesday to testify about the conditions they met in 2009 while driving through the repaving project in the highway’s 4200 block. Diagrams presented as evidence show that orange traffic barrels were placed along the center lines of both lanes of traffic on the four-lane highway. Ostensibly, the outside lanes of both northbound and southbound traffic were closed, but witnesses said there were no signs telling motorists where to drive.

Tonya Malcom said she was returning from a Little League meeting around 10:30 p.m. June 9 when she nearly collided with an oncoming vehicle. She placed a 911 call immediately afterward, which Hawk replayed for the jury. On the tape, Malcom tells the dispatcher a police officer is needed to direct traffic because there are no signs or visual warnings about the construction site.

“Someone’s going to get hit,” Malcom said.

When questioned by Assistant District Attorney Natalie Paine, the witnesses said they slowed down during subsequent trips through the construction zone because they knew what conditions to expect. At the time of the wreck, Oglesby traveled through the construction zone several times a week to get to work.

Hawk is expected to bring two expert witnesses to court Wednesday to testify about driving in the poor lighting conditions.

Comments (11)

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JRC2024
6950
Points
JRC2024 01/25/12 - 09:19 am
0
0

It looks that way doesn't it?

It looks that way doesn't it?

realitycheck09
307
Points
realitycheck09 01/25/12 - 11:32 am
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Sorry for your loss, Malissa.

Sorry for your loss, Malissa.

HankPym
14
Points
HankPym 01/25/12 - 11:55 am
0
0

I would like to express my

I would like to express my deepest sympathy for you and your family Ms. Danes. There is no excuse for the actions that took place that night. But I would also like to point out that the construction zone did not lower the speed limit during that project, leaving the most deadly road in Georgia (more fatalities per mile) with a posted speed limit of 55mph. Also while on the topic I agree punishment should be fair and just but as an American citizen he still deserves a trial by his peers.

sueboo418
36
Points
sueboo418 01/25/12 - 02:10 pm
0
0

If the driver of the truck

If the driver of the truck was intoxicated when he hit that man and there is proof of it then he doesn't deserve a trial. He deserves to be sentenced and straight to prison, do not pass go do not collect $200 PERIOD!

realitycheck09
307
Points
realitycheck09 01/25/12 - 04:53 pm
0
0

sueboo: I understand your

sueboo: I understand your frustration, but - thankfully - that's not the way our system works. We guarantee EVERYONE a trial. The reason we have to afford trials to even the obviously guilty is because that guarantees a trial for those who are, in fact, not guilty.

We can't have it both ways. If we picked and chose who got a trial and who didn't, we'd lock up a lot more innocent people than we already do.

HankPym
14
Points
HankPym 01/25/12 - 04:53 pm
0
0

How do you know that the

How do you know that the proof in legitimate if there is no trial?

realitycheck09
307
Points
realitycheck09 01/25/12 - 05:13 pm
0
0

My point exactly, Hank. Well

My point exactly, Hank. Well said.

sueboo418
36
Points
sueboo418 01/25/12 - 05:31 pm
0
0

3rd DUI, hmmmm. I know you

3rd DUI, hmmmm. I know you have to have a trial, I was just having some wishful thinking. But come on folks, all this tax money and people's time being wasted on a guilty man! Geez

realitycheck09
307
Points
realitycheck09 01/26/12 - 01:10 pm
0
0

He's not guilty until proven

He's not guilty until proven so in a court of law. So, it's actually tax money being spent on a innocent man...until proven otherwise.

Angela_Danes
0
Points
Angela_Danes 01/26/12 - 11:46 pm
0
0

realitycheck09/He's not

realitycheck09/He's not guilty until proven so in a court of law. So, it's actually tax money being spent on a innocent man...until proven otherwise.

Innocent??? 3rd DUI, oh I didn't know that being a drunk driver would be considered innocent... Considering this quote/unquote innocent man killed my son's & his two brother's father "Bill Danes"... So the Ga law that states any DUI is considered an automatic guilty. Oh wait that's when they decline the breathalyzer... But he did take one at the scene and then declined at the police station and made the comment "No I will not take one, because it would NOT be in my best interest"... Pathetic...

Angel Donath
7
Points
Angel Donath 01/28/12 - 02:58 pm
0
0

Well my son didn't get any

Well my son didn't get any justice in Georgia again. I have no faith left in Ga. When the Sheriff said Charles failed the roadside test and the Jury still dropped the DUI charge what is with this. I guess money does talk.WELL GEORGIA WILL NEVER BE ABLE TO DO BILL WRONG AGAIN. I jusy pray he can't get out on early release and kill someone else. I blame the courts as much as I blame Charles for not locking him up the last time in 2007.

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