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Thursday, December 06, 2007

Victims detail injuries suffered in SUV collision

A woman, 20, has been charged with three counts of felony maiming.

BLACKSBURG -- A former Virginia Tech student sobbed Wednesday as she listened to the people she struck with her sport utility vehicle describe the injuries they suffered, including a broken clavicle, a collapsed lung and a fractured skull.

Mary Elizabeth Bowen, 20, was charged with driving under the influence after her Toyota RAV4 veered onto a sidewalk and into a crowd of people in front of Big Al's Grille & Sports Bar in downtown Blacksburg early June 16.

Police have said that Bowen admitted she had been sending a text message when she crashed and that her blood-alcohol concentration shortly after the crash was 0.20 percent, more than twice the legal limit of 0.08.

Bowen was later charged with three felony counts of maiming while driving under the influence for the injuries suffered by Ashley McDaniel, James Satterwhite III and Larry Elkins.

At a preliminary hearing Wednesday afternoon, Bowen didn't speak -- except to plead guilty to the DUI charge. Her mother, however, told the court that Bowen has taken full responsibility for the crash and hasn't driven a car since.

District Court Judge Gino Williams certified the three felony charges to a grand jury, which will decide if Bowen should face a trial in circuit court. He sentenced her to serve six months in jail for the DUI conviction, but said he would consider home electronic monitoring after she serves a mandatory 10 days imposed by the state.

Bowen was allowed to remain free on bond because her attorney appealed.

Wednesday's hearing in the Blacksburg division of Montgomery County General District Court was the first time the victims' injuries were publicly described.

Satterwhite, a U.S. Marshal who wore his badge on his belt, said he suffered an 8-inch cut on the back on his head. He believes he was struck by a light pole that was dislodged in the crash, he said.

A section of his skull had to be removed because his brain swelled and bled, Satterwhite said as he showed the court a scar covered by his hair.

Elkins, a Montgomery County teacher, pulled up the pant legs of his khakis to show the judge scars on the backs of his calves. His legs were cut in the crash, he said, and later became knotty and developed blood clots, he said.

McDaniel, an adjunct instructor at Radford University, said she was struck in the back.

"I remember being in the air," she said. McDaniel said she suffered a broken clavicle and two fractured bones in her lower back. Her clavicle had to be repaired with plates, pins and a piece of bone taken from her hip, she said.

McDaniel said she still attends physical therapy three days a week because she has lost strength and range of motion in her right shoulder.

Two other people testified about how they were hurt in the crash, though Bowen doesn't face charges related to their injuries.

Deborah Wolfe, a Florida elementary school physical education teacher, suffered a partially collapsed lung, four fractured ribs and ligament damage in her chest.

Her chest still hasn't healed, she said.

"It's taken its toll on me," she said, her voice shaking. She said she has trouble getting enough breath to yell to her class and isn't nearly as physically active as she was before the crash.

Michael Chanov II, a Tech graduate student, said his leg was broken and ligaments in his leg were torn when he was hit by the SUV. He has had surgery on his ankle and knee.

More than a month after the crash, he passed out when a blood clot from his leg migrated into his lungs, he said. He spent a week in intensive care, he said, and must remain on a blood thinner for several months.

All of the victims who testified said they have retained lawyers and plan to file civil suits to at least try to claim the money they've paid in medical bills.

Bowen's defense attorney, Mark Kidd, argued that Satterwhite's and Elkins' injuries didn't rise to the level of maiming. According to state code, a victim's injuries must result "in permanent and significant physical impairment" for a conviction.

Assistant Montgomery County Commonwealth's Attorney Patrick Jensen countered that their scarring is permanent impairment.

"If not but for the grace of God," he said, "these charges would have been much more serious."

Bowen's parents picked her up from Blacksburg the day after the crash and took her home to Winchester, where she has lived with them since, her mother said.

Bowen has performed more than 40 hours of community service and voluntarily enrolled in a substance abuse program, her mother said. She also said her daughter was suspended from Tech for two years.

"She has been deeply sorrowful," Mary Will Bowen said. "Her first request to me was, 'Can I apologize to these people?'"

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