www.newrivervalley.com

Submitted Photo

Brian Joseph McCloskey

Aaron Pierce received a 30-day jail sentence for the death of fellow Virginia Tech student Brian Joseph McCloskey, who was run over and killed in November 2005.

But Pierce's court ordeal hasn't ended. Wednesday, McCloskey's family filed a $7 million lawsuit against Pierce and the owners of the 2006 Ford Excursion that Pierce had borrowed, a vehicle that belonged to the Magic City Ford dealership in Roanoke.

Aside from Pierce, the suit names Magic City Ford as a defendant, as well as owner Bill Johnson and his son Cameron, who was Pierce's roommate at the time McCloskey was killed. The suit accuses all the defendants of contributing to McCloskey's death through negligence.

Pierce, 21, referred questions Wednesday to his lawyer, Tony Anderson, who declined to comment. The Johnsons could not be reached for comment.

Fairfax lawyer Michael Shevlin, who filed the suit on behalf of McCloskey's mother and sister, also declined to comment Wednesday.

The lawsuit alleges Pierce was drinking the night of McCloskey's death, and using the Excursion to transport other underage college students who had also been drinking. It accuses him of knowingly driving off-road in a prohibited area used by pedestrians.

The suit claims Cameron Johnson, his father and his father's company were negligent because they permitted Pierce to use the Excursion. The suit also claims they knew the vehicle was being used in a reckless manner. It demands $5 million in compensatory damages and $2 million in punitive damages.

The evening of Nov. 4, 2005, McCloskey, an 18-year-old freshman, started walking back from a birthday party at an apartment complex in Blacksburg. That same night, Pierce was shuttling students to and from nearby parties using the Ford Excursion borrowed from his roommate.

At the time, Cameron Johnson was general sales manager at Magic City Ford. The Excursion had been taken from the dealership.

According to court evidence, Pierce made three trips, during which he took a shortcut through a grassy area with a walking trail -- where two people discovered McCloskey lying unconscious early Nov. 5.

McCloskey died five days later from his injuries. At first authorities weren't sure whether he had been beaten or run over.

After Pierce learned of the incident, he became concerned he could have struck McCloskey. He shared his concerns with his roommate three weeks after McCloskey was found unconscious.

Pierce spoke to police Dec. 9, 2005. He told police about the shortcut and that at one point he thought he had struck a large rock.

An examination of the Excursion found a bolt pattern consistent with one found on McCloskey's body, according to court evidence.

In February, Pierce made an Alford plea to a charge of involuntary manslaughter. The plea allows Pierce to maintain his innocence while taking a plea agreement and acknowledging there is sufficient evidence for a conviction.

Under the terms of Pierce's sentencing, the manslaughter charge will be dismissed if he stays out of legal trouble for three years. He agreed to serve 30 days in jail, perform 300 hours of community service and lose his license for a year.

Pierce also paid $12,800 to the McCloskey family to cover the cost of his funeral and gravestone.