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Smith case will be presented to grand jury
Melodie Phelps
News Editor
The case against Roger Smith will be presented to the Wayne County Grand
Jury, after a preliminary hearing on Wednesday afternoon before District
Judge Mike Lawson.
Lawson found that there was probable cause to send the case to the grand
jury, after hearing testimony from two police officers and another teenager
who was riding a bicycle along with the victim Gary Catron on October 12.
Catron died from injuries, after his bicycle was struck by a Ford
Thunderbird allegedly driven by Smith.
Smith was arrested a short time later, after police say he tried to hide
his vehicle at a relative's house and fled into a wooded area. He is charged
with second degree manslaughter, D.U.I., and a number of other
vehicle-related violations.
A large number of Catron's family members attended the hearing on
Wednesday. They had conducted a candlelight vigil at Memorial Park the night
before in honor of the Wayne County High School senior.
Trooper Parrish Baker, an Accident Reconstructionist with Kentucky State
Police, provided testimony regarding the investigation that occurred right
after the collision, which was on Missouri Hollow Road.
Baker said that he took photographs at the scene and also took
measurements. He said that deputies with the Wayne County Sheriff's
Department apprehended Smith and they obtained a blood sample.
Baker said that he went to Smith's brother's house, where the car had
been parked, to examine the vehicle. At the Detention Center, Baker said
that he photographed Smith and noted that he could "detect an on odor of
alcohol" on Smith at that time.
Baker reviewed results of the toxicology report which determined that
Smith's blood alcohol level was .06. Under questioning by Jason Kinser, who
is representing Smith, Baker said that this is below the legal limit of .08
in the state of Kentucky.
Kinser also asked Baker about the road on which the accident occurred.
Baker said that it was a narrow road, but was large enough for two vehicles
to pass. He said it was paved and the speed limit was 25 mph.
Deputy Ralph Miniard was called to testify. He said he was involved in
the search for Smith after the accident. It was Deputy Terry Davis who
actually arrested the man.
Miniard said he transported Smith to the hospital to have blood drawn
and said that Smith told him several times, "I tried to miss him."
Miniard said that Smith appeared to be "moderately under the influence."
Kinser called only one witness during the hearing, the 15-year-old boy
who had been riding his bicycle with Catron when the collision occurred. The
teenager said that he and Catron had been playing basketball that day and
they had watched television. They were on their way back to Catron's uncle's
house and were racing each other on their bicycles, he also testified.
The teenager said he did not see Smith try to swerve before hitting the
bicycle.
Smith remains lodged in the Wayne County Detention Center on a $100,000
cash only bond. The Wayne County Grand Jury is scheduled to meet again
November 15, and that is when the case is likely to be presented to them.
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