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Wednesday, September 21, 2005

2nd suit in fatal crash brings total sought to $12 million

A second lawsuit against a man charged with involuntary manslaughter in a speedboat crash raises to $12 million the total damages being sought from him.

Lawrence and Judith Lewis died the night of Aug. 20 when a speedboat operated by Mark de Tournillon Sr. crashed through and over their cabin cruiser at Smith Mountain Lake. Last week, Judith Lewis' estate sued de Tournillon and his business, Shoreline Marina, for $6 million. On Monday, Lawrence Lewis' estate filed an identical lawsuit.

Both lawsuits allege that at the time of the crash, de Tournillon was operating the boat while intoxicated, with a blood-alcohol content level of 0.15, almost twice the legal limit of 0.08. Court documents filed in Bedford County General District Court say that de Tournillon had a blood-alcohol content of 0.12.

Attorneys with the Roanoke firm Woods Rogers PLC filed the lawsuits on behalf of both estates. Chris Stevens, an attorney with Woods Rogers, declined Tuesday to explain what the source of the 0.15 figure was. "We have reason to believe the BAC level was at or near twice the legal limit," he said. "The investigation is ongoing."

De Tournillon is charged with two counts of involuntary manslaughter. He has not been charged with any alcohol-related crimes in connection with the fatal wreck. His attorneys could not be reached for comment Tuesday.

If legal intoxication can be shown to be a factor in a fatality, an involuntary manslaughter charge can be increased to aggravated involuntary manslaughter.

"That is an option that we have and we are certainly considering it," Bedford County Commonwealth's Attorney Randy Krantz said Tuesday. Toxicology results related to de Tournillon's blood-alcohol content are finished, but tests looking for the presence of any type of drug are not, Krantz said. "We want to have as much evidence as we can before we go forward."

According to court documents, de Tournillon told a game warden he had taken three drugs, including the painkillers Lortab and Naprosyn, before the crash. He at first denied having any alcohol but later said he had had a glass of wine, according to a search warrant affidavit.

A preliminary hearing for de Tournillon on the involuntary manslaughter charges is scheduled for Nov. 28.

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