| Shawna Morrison

shawna.morrison@roanoke.com, 381-1665

PULASKI -- A manslaughter charge against a Max Meadows man was dismissed Tuesday after court evidence revealed that the motorcycle he struck was in a blind spot and may have been going as fast as 90 mph.

Jerry Wayne Viars, 35, had been charged with driving under the influence and involuntary manslaughter as a result of DUI after the Sept. 28 crash that killed Shawn Brent Gerald, 28, of Willis.

Gerald was driving his Honda CBR 954RR motorcycle south on U.S. 11 when it collided with Viars' Hyundai Sonata near the intersection with Virginia 630 (Round House Street) in Fairlawn just before 8 p.m. Viars was turning left onto Round House, near Sheetz, from northbound U.S. 11.

The impact threw Gerald more than 96 feet from his bike, Virginia State Police Trooper M.A. Newberry testified Tuesday at a preliminary hearing in Pulaski County General District Court.

When he arrived, Newberry testified, Gerald's bike was on its side in the right southbound lane of U.S. 11 and Viars' car was pulled off the road. The car sustained extensive damage, including a broken windshield, on the front passenger side, he said.

Gerald was taken to Carilion New River Valley Medical Center, where he was pronounced dead a short time later.

Newberry testified that Viars told him "the motorcycle came out of nowhere, he had no time to avoid it."

He said Viars told him he couldn't have seen the bike coming because of a slight hill that created a blind spot.

A crash report completed by authorities lists three estimated speeds for the motorcycle, including 47.8 mph and 90 mph. But, Newberry said, authorities agreed that the higher speed was more consistent with evidence at the crash site.

The speed limit where the crash happened is 45 mph. It increases to 55 mph just past it.

Given the motorcycle's estimated speed "and given the terrain at that location, is certainly consistent with this gentleman not seeing the motorcycle prior to crossing Route 11," Viar's attorney, Michael Barbour, said.

He said a breath test showed that Viars' blood-alcohol content was 0.08 percent. According to Virginia law, a person can be charged with DUI if his or her BAC is 0.08 or above.

However, Barbour noted, Viars' performance on two of three field sobriety tests administered by Newberry "was flawless." In the third test, Viars' eye movement wasn't smooth as he followed an object. The trooper agreed that could have been caused by factors other than intoxication, including stress and fatigue.

Newberry said Viars didn't show any signs of intoxication, but he administered the tests after smelling alcohol as the pair sat in Newberry's cruiser. He charged Viars with DUI. Viars admitted he had had six to eight beers earlier, he said.

General District Court Judge Glenwood Lookabill found Viars not guilty of that charge after hearing Newberry's hourlong testimony Tuesday. He said that, according to Newberry's testimony, Viars performed better on the field sobriety tests "than 99 percent of the cases that I hear."

"I really don't think that he was impaired, from the evidence I've heard," he said.