Thursday, May 01, 2008
Driver in DUI crash guilty of maiming
Pedestrians who were hit in the early hours of June 16 by Mary Bowen testified to their injuries.
CHRISTIANSBURG -- The horseshoe-shaped scar on the back of James Satterwhite III's head, the small scars that branch out on the back of Larry Elkins' calves and the loss of movement in Ashley McDaniel's right shoulder were enough Wednesday for a judge to find the woman who drove her sport utility vehicle into them last summer guilty of maiming.
Mary Elizabeth Bowen, 21, cried as Circuit Court Judge Ray Grubbs convicted her of the three felony maiming charges Wednesday afternoon after a bench trial in Montgomery County.
Bowen had been drinking and was sending a text message on her cellphone when she swerved her SUV onto the sidewalk in front of Big Al's Grille & Sports Bar in downtown Blacksburg as bars closed about 2 a.m. June 16, striking several people. At least eight were treated for injuries.
On Wednesday, Bowen pleaded not guilty to the maiming charges, and her attorney argued that the victims' injuries didn't rise to the level of maiming. Bowen pleaded guilty to a charge of driving under the influence.
The former Virginia Tech student, who now lives with her parents in Winchester and hasn't driven a car since the incident, is scheduled to be sentenced in August.
Blacksburg police Officer Michael Czernicki testified Wednesday that he talked with Bowen after the crash as she sat on a bench on the sidewalk. She told him she had been sending a text message and didn't know the crash was happening until the air bags in her Toyota RAV4 deployed, Czernicki testified. She seemed concerned about the victims, he said.
Bowen's blood alcohol content was 0.20 percent, more than twice the legal limit of 0.08 for drivers 21 or older. At the time of the crash, Bowen was 20.
In describing their injuries to the court at Wednesday's hearing, Satterwhite turned his back to Grubbs to show him the scar on the back of his head and Elkins lifted his pants legs to show his scars. McDaniel stretched her right arm as far as she could and told the judge she has trouble putting on jackets and throwing.
Satterwhite, a deputy U.S. marshal based in Abingdon, said his brain swelled and bled, and doctors had to remove a piece of his skull.
Elkins, a Montgomery County teacher, said his legs were cut and he developed blood clots in them. One blood clot in his left leg was the size of a cigar, he said.
And McDaniel, an adjunct instructor at Radford University, 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 is the only one of the three who still is receiving treatment for her injuries. She attends physical therapy every other week, down from three times a week shortly after her surgery, she said.
None of the victims who testified knew what had happened when he or she was struck.
McDaniel said she was a designated driver for friends that night and was standing on the sidewalk. She was hit from behind and went through the air.
"I just remember opening my eyes on the ground," she said.
Bowen didn't testify.
Her attorney, Mark Kidd, said the events of that morning aren't disputed. He said, though, that he doesn't believe the victims' injuries rise to the level of maiming "and that's a fortunate thing." According to state code, a victim's injuries must result "in permanent and significant physical impairment" for a conviction.
After hearing about an hour and 10 minutes of testimony, Grubbs recessed for 45 minutes to consider his ruling.
He said he does believe scars have been determined in past cases to be significant and permanent impairment.
Bowen will remain free on bond until her sentencing hearing. Kidd said she hasn't drunk alcohol since the incident, has received counseling and has begun doing presentations for Mothers Against Drunk Driving.











