Charles Oglesby, of Waynesboro, Ga., is charged with first-degree homicide by vehicle, driving under the influence and driving on the wrong side of the road in the June 9, 2009, incident at a construction zone in the 4200 block of Mike Padgett Highway.
The victim, Bill Danes, 45, of Jackson, Ga., was standing outside his dump truck while making an asphalt delivery when he was hit.
The prosecution has portrayed Oglesby as a reckless drunk driver, but Oglesby’s attorney maintains both poor signage and lighting were bigger factors in the wreck.
Superior Court Judge Michael Annis cautioned the defense Wednesday that although Danes was negligent in not wearing a reflective vest, that’s a civil matter that cannot be argued in a criminal case.
“It makes the court uncomfortable any time the victim is on trial,” Annis said.