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Wilmar Big-Rig Driver from Fatality Crash Sentenced to 120 Days in Jail

January 17th, 2014 by

005Bryant Childs, the driver of the asphalt truck involved in the October 29, 2012 death of Elizabeth Ann Davis at the Wilmar train crossing, was found guilty of negligent homicide and five counts of 2nd degree assault by a Drew County jury in November.

The jury was unable to agree on the sentence, so that decision fell on Judge Bynum Gibson.

Gibson announced, in Circuit Court this week, Childs would be sentenced to 120 days in the Drew County Jail.

The judge explained that the sentence would be reduced by one day for each day that Childs was able to find work (either compensated or volunteer), during his sentence, on a work-release basis.

Gibson explained to the court for this possible reduction in time to be served was based on Childs’ remorse since the time of the accident;
that he willingly spoke to state police investigators the day after the accident without an attorney present;
the emotional effects he has suffered since the fatality crash; and
the fact that the truck’s owner was not charged, either for the condition of the big-rig, or for not providing required documents and maintenance records for the vehicle, during the trial process.

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8 Responses to “Wilmar Big-Rig Driver from Fatality Crash Sentenced to 120 Days in Jail”

  1. ArTravlR says:

    I am shocked & dismayed with this decision. I wonder what the victims family has to say. I am in contempt of this court.

  2. Jackie Johnson says:

    The truck owner should have been charged! Ridiculous sentence.

  3. Slow down--wherever... says:

    OMG!!! 120 days and not years??? What was he thinking? Ridiculous!!! Maybe I need to be a lawyer and judge!!!

  4. Sherry L O'Neill-Rawls says:

    Is this what is meant by “a travesty of justice”? Will the tears & sorrow of the victim’s family bring about a shortened sentence for her?

  5. Andrew Goodwin Gibbs says:

    I know it’s hard to fathom but I am betting they looked at all the cards, i.e., , circumstances, etc., and got what they could as far as the sentence is concerned. Did you read the article? The jury was almost deadlocked—- the judge had to step in.

  6. hay hay says:

    I agree the owner should take some fault if he has trucks on the road like this, but this is crazy.

  7. Not In My Town says:

    Outraged!!! That poor woman’s life was only worth 120 days. Wow

  8. Bernadette Jones says:

    I pray for both of the families. My family experienced the lost of two loved ones due to an 18 wheeler “accident” in the 2001. My family felt initially like you guys have expressed in your comments but after getting over the hurt, anger, and blame we realized accidents do happen and the act of the driver was not done in malice. Furthermore, we realized no amount of time….120 days or 120 years would not change how we felt. Our faith in God gave us peace and understanding to move pass the accident and forgive. We placed our focus on remembering and cherishing the time we had with our loved ones and not on the darkness of hate.

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