September 9, 2004

Grand jury indicts YSHS graduate for fatal auto accident

Anthony Brandon

By Diane Chiddister

A Greene County grand jury last month indicted Anthony Brandon, for vehicular manslaughter, a second-degree misdemeanor, following a traffic accident that caused the death of a classmate last spring.

The accident took place on April 16, when the car Brandon was driving went out of control on East Enon Road, a short distance from Yellow Springs High School. Brandon and Arla Smith, who were both seniors at YSHS, were going to get lunch when Brandon drove off the road to the right, then overcorrected to the left, causing the car to hit a tree. Smith, who was 17, died at the scene and Brandon received serious injuries, from which he has recovered. Brandon, who had a temporary driver’s permit, was driving the car of a friend.

The grand jury indicted Brandon on Aug. 24. The secret indictment was entered into the Greene County Court system three days later.

Brandon, 18, is scheduled to appear before Judge Susan Goldie, in Xenia Municipal Court on Sept. 15.

According to Trooper Ed McKenney of the State Highway Patrol, who investigated the accident, the charges are relatively minor. The members of the grand jury who heard the evidence had nine different levels of indictment from which to choose, with first-degree felony the highest and fourth-degree misdemeanor the lowest.

The maximum penalty for a second-degree misdemeanor, according to a Xenia Municipal Court clerk, is a fine of $750 and 90 days in jail.

The grand jury would likely have charged Brandon with a felony had there been evidence of reckless driving, said McKenney. The Highway Patrol’s investigation found there was no evidence that Brandon was driving recklessly, nor an indication that Brandon had used drugs or alcohol, McKenney said. The accident report concluded that Brandon was driving approximately 55 miles per hour, which was the posted speed limit on that stretch of road.

An indictment is normal procedure for a fatal traffic accident, according to McKenney.

“It’s very common for the driver to be held responsible if he did something that brought about the death of another person,” he said.

Brandon’s indictment cites his driving off the right side of the road as the traffic violation. He was also cited for driving with a learner’s permit, which allowed him to drive only in the company of an adult.

McKenney said that he does not know what caused Brandon to lose control of the car, and that Brandon did not respond to requests for an interview with the state troopers. He also emphasized that individuals have the legal right not to speak after an accident.

Brandon’s attorney, Noel McKeown of Xenia, said that he “had no problems with” Brandon speaking to the troopers, but that Brandon did not talk with investigators because of scheduling problems and miscommunication.

McKeown said that it was his understanding that Brandon saw a small animal crossing the road and had swerved to avoid hitting it. He also said that Brandon has very little memory of the accident.

While Brandon’s plea has not yet been determined, McKeown said that “in all likelihood, he will enter a not guilty plea for the purpose of protecting his rights and defining exactly what the nature of the case is. An initial not guilty plea is designed to preserve options.”

Suzanne Schmidt, the first assistant prosecutor of Greene County, who will prosecute the case, did not return a phone call seeking comment.

“This one is unfortunate,” McKeown said of the accident. “It involved two nice and well-liked young kids and when one is killed and the other is badly hurt all you can do is feel sorry for the young girl and her parents and friends. Anthony is lucky to be alive.”

Brandon recently started his freshman year at Ohio University, his uncle, Wayne Baker said. The family was not surprised by the indictment, Baker said.

“We pretty much understood that this was coming down the pike, and it was just a matter of when,” he said. “It was a foregone conclusion that there would be some sort of charge. The idea now is to work with the courts.”

The family of Arla Smith declined to comment on Brandon’s indictment.