Murphy – It was expected to be an easy win for prosecutors. Open and shut. Less than four days at trial. After all, it is not a case of whodunit.
However, midway through the first day of testimony, the defense attorney learned he had not received a copy of a video showing police questioning the defendant over the course of two hours in a patrol car. As a result, he requested a mistrial.
“I believe there are sound constitutional violations,” defense attorney James Parker Jr. said Sept. 29 regarding his client’s arrest after reviewing the video. “I want to lay out the best case I can, in case of appeal.”
Parker represents Logan Hunter Stanley, who was charged with felony death by vehicle and driving after underage consumption following a single-car accident that killed 20-year-old Andrew Raines West three years ago. Stanley was 20 years old at the time of the crash and allegedly received alcohol from a friend’s relative, both of whom were also charged in the incident.
During an evidence suppression hearing outside the presence of jurors last week, N.C. Highway Patrol trooper Robert Y. Ellison testified that he smelled alcohol while speaking with Stanley at the scene of the accident. Ellison said he asked Stanley to sit in the front passenger seat of his patrol car, where he admitted to drinking vodka before driving the vehicle that crashed.
Ellison said Stanley agreed to take a Breathalyzer test twice, with both samples confirming positive for alcohol. He then informed the defendant of his Miranda rights and arrested him for driving while impaired.
While arguing that Stanley was of sound mind when reportedly confessing to the crime, prosecutors referenced his extended conversation with Ellison, which covered a variety of topics other than the crash. It was clear that assistant district attorney Jim Moore believed the defense had seen a recording of the conversation, which was captured by Ellison’s in-car camera.
“I have never seen this video,” Parker told the court.
After a subsequent review of the video, Parker argued that Ellison effectively placed Stanley in custody when seating him in the patrol car, making the admissions inadmissible because his client was interviewed for about 44 minutes before receiving a Miranda warning. Parker told the judge he needed more time to further evaluate the video and file the appropriate motions.
In turn, Moore argued that a Miranda warning is not required to investigate an accident, telling the court that Stanley was not handcuffed prior to the warning nor forced to speak with Ellison at any time during the investigation.
Regarding discovery disclosure, Moore said he couldn’t confirm whether Parker received the video and therefore had to concede that he had not. Both parties believe the copy made for the defense was misplaced during delivery.
“I’m not suggesting prosecutorial misconduct,” Parker said. “There’s been no deliberate effort here by the state. I think we can still try the case, given plenty of time to do what I need to do.”
Judge William Coward ultimately granted the motion for a mistrial, while acknowledging the unintentional discovery violation.
“You would’ve had two years (to evaluate this evidence) if it was turned over before, but now the most we can give you is a day,” Coward said before announcing his ruling. “I’m not sure that will give you a fair opportunity, Mr. Parker.”
Parker is expected to file a new motion to suppress his client’s statements before the next status hearing, which is scheduled for Monday, Oct. 25. A tentative trial date was set for Monday, Nov. 15.
Meanwhile, 42-year-old Amanda Holloway awaits her day in court. On the night of the accident, she allegedly used money from her son Kevin Ryan Edwards to buy alcohol, which she gave to him and his friends, who included Stanley and West.
Around 8:40 p.m. May 4, 2018, Stanley and West were traveling northwest on Junaluska Road in Andrews when the car veered off the road, rolling down a hill into a creek. West was ejected from the vehicle and pronounced dead at the scene.
Holloway is charged with aiding underage purchase of alcohol and accessory before the fact to a felony death by vehicle. Edwards was charged with underage consumption of alcohol, plus aiding and abetting underage purchase of alcohol.
In April 2019, Edwards pled guilty to underage consumption. A judge ordered him to pay $165 in attorney fees and granted a prayer for judgment continued, meaning Edwards did not have to serve jail time for the offense. The aiding and abetting charge was dismissed.