CORONER'S INQUISITION, 1967-1980
Book 6
NEWBERRY COUNTY, SOUTH CAROLINA
Transcribed and contributed by Edith Greisser

THE STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY

AN INQUISITION, indented, taken at Newberry in the County and State aforesaid, the 29th day of September, A. D., one thousand nine hundred and eighty before Leroy Wilson, Coroner, upon view of the body of Johnette Floyd, then and there being heard by the oaths of Timothy D. Lominick, Albert W. Shealy, Malcolm Kibler, Thomas E. Sease, Carrold W. Wicker, and Alton H. Piester, being a lawful jury of inquest who being charged and sworn to inquire, for the State of South Carolina where and by what means the said Johnette Floyd came to her death, upon their oaths do say, Johnette Floyd came to her death due to an unavoidable auto accident. We, the Jury, feel no one should be held responsible. And so the said jurors aforesaid, upon their oaths aforesaid, de say, that the aforesaid Johnette Floyd came to her death in the manner aforesaid.

IN WITNESS WHEREOF, I, Leroy Wilson, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.

                                                                                /s/ Leroy Wilson, Coroner (L.S.)

                                                                                /s/ Timothy D. Lominick, Foreman (L.S.)

/s/ Albert W. Shealy (L.S.)

/s/ Malcolm Kibler (L.S.)                                                      /s/ Carrold W. Wicker (L.S.)

/s/ Thomas E. Sease (L.S.)                                                  /s/ Alton H. Piester (L.S.)

PROCEEDINGS

CORONER WILSON: Mr. Lominick, will you stand up and be sworn in as foreman, please, sir?

(Foreman of the jury and members of the jury, were duly sworn.)

CORONER WILSON: Gentlemen, this is an inquisition into the cause of death of Johnette Floyd. As members of this jury it is your duty to listen to the testimony given by the witnesses and to determine from such testimony where and by what means the said Johnette Floyd came to her death.

PATROLMAN BROCK, being first duly sworn, was examined and testified as follows:

BY CORONER WILSON:

Q.    Mr. Brock, you are a South Carolina Highway Patrolman?

A.    Yes, sir. I am a South Carolina. Highway Patrolman employed here in Newberry County, South Carolina.

Q.    Did you have a call to investigate a wreck or fatality on August 20th?

A.    Yes, sir. I did.

Q.    Go ahead and tell us what you found when you arrived_

A.    At approximately 12:16 p.m., I received a call from our dispatcher in Greenwood that there was an accident on the St. Phillip's Road, which is Secondary 82. It's off of 219 here in Newberry County. I arrived at approximately 12:27 p.m. on Secondary 82. At this time, I found one vehicle, which was a tractor-trailer truck, uh, a gravel truck. And I learned from my investigation that a nine-year old little girl had been struck by the truck. From my investigation, .if you don't mind, Coroner, may I use the blackboard?

Q.    Yes, sir.

A.    The truck was proceeding North on Secondary. 82, which is the St. Phillips Road. The first brake marks were 108
         feet. This is the right rear wheels, 108 foot. From the point of impact, it's 131 feet. The truck proceeded on and jack-knifed and this was.... from the point of impact to where the truck jack-knifed is 62 feet and 3 inches. The skid marks from the truck take place 5 feet and 8 inches tram the center of the read on his side of the road. And the right rear corner of the truck was 24 feet from the roadway. The left rear corner was 8 feet and 11 inches from the roadway. The body of the deceased was 15 feet 9 inches from the edge of the roadway. From my investigation, I also learned that the truck was driven by Jimmy Rogers Mayes from Bowman, South Carolina. And the truck was owned by Aggregate Haulers. After talking with Mr. Hayes, he told me that he was traveling North on Secondary 82 and he had passed a logging truck, which, I learned from my investigation, it was driven by Bobby Lominick.

Q.    Did he pass or meet that truck?

A.    He was passing Ö uh, meeting the truck. Not in a sense of the word passing, but meeting each ether. And um,
        from Mr. Mayes' interview, I learned that he did not see the little girl until she was out into the road that lay into his lane. And also, after interviewing Mr. Lominick, who preceded on to dump a load of logs Ö this was a logging truck that Mr. Lominick was driving............. .he came back to the scene and from interviewing him, he told me that there were a couple of children on the side of the read and he blew his horn for them to get back. And that as he rounded the curve he saw them out into the roadway. I believe he told me that if they had not been in the roadway, he would not have been able to see them because of the way the curve is. And that's about all I have, Coroner.

Q.    How was the weather that day, Mr. Brock?

A.    It was clear and dry. I might add that this was a 45 posted speed curve and we estimated Mr. Mayes' speed at approximately 40 miles per hour.

Q.    Any questions from any of the jurymen? Would you like to ask Mr. Brock anything about it? Do you know how many children in all were out there by the road and which side they were on?

A.    There were approximately 4 or 5 out there, not all on one side of the road.

Q.    Some on one side and some on the other side of the roadway?

A.    Correct.

Q.    Any of you gentlemen want to ask Mr. Brock a question? If you do, go right ahead. How fast would you say the sand truck was running? In your opinion, how fast would you say it was running?

A.    Approximately 35 to 40 miles per hour. There's nothing indicating excessive speed.

Q.    Did he tell you he saw that child before it ran from behind the legging truck?

A.    No, sir.

Q.    You don't know anything else about it, Mr. Brock?

A.    I believe that's all I have, Coroner.

Q.    That's all. Thank you.                     (WITNESS EXCUSED.)

BOBBY LOMINICK, being first duly sworn, was examined and testified as follows:

BY CORONER WILSON:

Q.    Mr. Lominick, where do you live?

A.    Uh, Intersection 176 and 34, Kitts Crossroads.

Q.    And you operate or drive a legging truck?

A.    Yes, sir.

Q.    Do you remember this accident that Patrolman Brock was telling about?

A.    Yes, sir.

Q.    Tell us what you know about it.

A.    Well, uh; I was going down the Secondary Road, I don't know the number, the same road, and uh, those two little

        girls were standing beside the road, the little Shealy girl and the little Floyd girl. And uh, but, I didn't b1ow the horn for them to move back, I just blowed.... they wanted me to blow the horn. They was standing off the road. And uh, I got by them and I looked in my right mirror and they were standing there, which is normal cause when you go by children or somebody on the read, you automatically look back, I guess, in your right mirror. When you are driving a truck, you do that in your mirror. The construction outfit is putting pipe through that area and it's a lot of dust on the read on the other side and I guess that' s what I saw... .all of a sudden, I saw a ball of dust in my left mirror time I got by those little girls and looked back in my mirror and looked back around. And I looked back out of my truck then to see what it was. And I could see the little Shealy girl, not the little Floyd girl, standing in the road, and a trailer truck jack-knifed off the road in the field.

Q.    Which trailer truck jack-knifed off of the road?

A.    The gravel truck.

Q.    Gravel truck?

A.    Yes, sir.

Q.    You were meeting it?

A.    Yes, sir.

Q.    Would you say he was running at a fast speed or about 40 miles an hour?

A.    Well, I told him (Patrolman Brock) about 35 cause it was hitting no more than...maybe 40 at the most.

Q.    Had you seen these children by the road before wanting you to blow the horn for them?

A.    Yes, sir.

Q.    Did you pullover to your left, which would be to the inside of the road when you saw those two (2) children, who you got even with them? To kind of go around them?

A.    I got over enough maybe not to run off the edge of the road, but they were in the road, I mean....

Q.    They were on the shoulder of the road?

A.    They were at the edge of the yard, the driveway, I guess it is there.

Q.    And they had been doing this before?

A.    Oh, yes, sir. All the children do that.

Q.    Wanting you to blew the horn for them?

A.    Yes, sir. I've done it before.

Q.    Did you know that this sand truck had struck a child after you met him?

A.    Well, I didn't get stopped down there on the curve, although it's a bad curve and I just jumped out my truck to see
        when he ran over into the ditch cause I just thought he had wrecked. And I started up the hill and the driver of that truck Ö I thought he motioned for me to go on. And I was sitting in the middle of the road down cause I couldn't get off the read so Ö I wasn't but a few miles from Georgia-Pacific, so I went and dumped my load of logs. I called another truck n my two-way radio and told then that he was behind me to stop and see if any­ thing was wrong. But he was further behind me than I thought he was; but I went on and got unloaded in about fifteen minutes and came en back to find out what had happened, really. He was motioning for me to come back and I thought he was motioning for me to go ahead, really. It was just my misunderstanding there. But I saw a little girl run back toward the house and I didn't think anything about it then... .the other little girl.

Q.    How many was on the side at the road to your right?

A.    Two (2).

Q.    Two (2)?

A.    Yes, sir.

Q.    And you saw one go back to the house?

A.    Yes, sir.

Q.    Whose house?

A.    To the Shealy home... Donald Shealy.

Q.    Was this a big curve, Mr. Lominick, at the Shealy house?

A.    Not a real big curve, no, sir. I don't know Ö I don't think so. By driving it, I it I donít call it a big curve in the truck. It's not a real big curve. It's on....

Q.    But you could see the children in your rear view mirror?

A.    Yes, sir.

Q.    Could you do it from both sides?

A.    In mw rear view mirror to start with, I saw the Ö on mw left side, I saw Ö after I saw them on my right side and looked back again I saw them on my left side. Yes, sir. Just one little girl, I didn't see the one that had got....

Q.    Did you have a load of logs on at the time, Mr. Lominick?

A.    Yes, sir.        .

Q.    How high were they?

A.    About 13 feet roughly. On the front...it was tree length timber.

Q.    It wouldn't have obstructed your view from that rear view mirror, would it?

A.    Not at all.

Q.    In other words you could see down both sides of that of logs regardless of the height?

A.    Yes, sir.

Q.    And this happened in a curve in front of Mr. Donald Shealy's house?

A.    Yes, sir.

Q.    Would your load of logs being 13 feet high hide the view of these children from the

        sand truck?

A.    The height wouldn't. The length would. The tree length timber would stick over the back.

Q.    How about when he got up directly beside of you?

A.    Oh, yeah. Anything over... anything at all on the truck would obstruct his view. A pickup would as far as that goes. Anything solid would keep you from seeing on the side of you.

Q.    Would any of your jurymen like to ask Mr. Lominick any questions?        .

JUROR: Were all the children en the right hand side of the road when you went by?

A.    Yes. Just two (2). Well it was some more on out in the road... out in the yard, I think. But nobody was beside the road except the two.

JUROR: Where did you meet the gravel truck? Right in front of Donald's house?

A.    I met him...no Ö right after I passed the house, I looked on the right side and I saw the children standing, in my right mirror. Then I looked Ö I was meeting the truck then and then I looked back....

Q.    How far past the children were you when the sand truck hit her?

A.    Gosh, I don't know exactly- the measurement in feet, but maybe three (3) truck lengths. A tractor-trailer truck is 60 feet per truck length Ö maybe four (4) truck lengths. But I can't tell you the exact footage, cause I don't know.

Q.    Any further questions?

JUROR: You were going one way and the sand truck was going another way?

A.    Right.

Q.    Any further questions? Do you know anything else about this accident, Mr. Lominick?

A.    No, sir. Just the only thing that I didn't Ö just like the speed of that truck.... I have been driving a truck for a good many years. And I donít have a radar or anything on my truck, but I was just guessing that he wasn't doing over 35 or 40 miles an hour. By guessing  Ö I would say that was the speed.

Q.    In other words, he wasnít running reckless? Or driving reckless?

A.    Not at all. Cause I noticed when he met me, He slowed down and I slowed down when I met him, too.

Q.    You saw two (2) children on the right side of' the road, did you see any on your left side?

A.    No sir.

Q.    You didnít see any over there?

A.    No, sir.

Q.    You were watching the ones on your right?

A.    Definitely. Yes, sir.

Q.    Any questions?

A.    They were a good four (4) to six (6) feet off the road when I went by them.

Q.    They were in this driveway....

A.    Iím not for sure it was a driveway or a shoulder or what. Iíve forgotten, but it's right there at the house.

Q.    Do you know anything else, Mr. Lominick?

A.    No, sir. Thatís all I know.

Q.    That will be all. Thank you.                       (Witness Excused.)

MRS. DONALD SHEALY, being first du1y sworn, was examined and testified as follows:

BY CORONER WILSON:

Q.    You are Mrs. Donald Shealy?

A.    Yes, sir.

Q.    And you live on the St. Phillips or the Bachman Chapel Road?

A.    Yes, sir.

Q.    Would you tell us what you know about this accident? When the little girl was struck by the truck?

A.    Well, I didn't see her get hit. I was in the house at the time. And when I looked out the window, I saw dust flying on the truck. But, actually, I didn't see her when she got hit.

Q.    Had these children made it a habit or been watching for Mr. Lominick's truck to get him to blow the horn before, or do you know?

A.    I don't really know.

Q.    This Floyd child was visiting you?

A.    I was keeping them.

Q.    And they were in the yard playing?

A.    Yes, sir.

Q.    When you saw this dust, was this truck going off of the road or was it on the pave­ment? .

A.    Well, when I looked out the window, dust was flying. And when I looked out the truck was sideways of the soybean field.

Q.    It had done gone into the soybean field?

A.    Yes, sir.

Q.    Well, what did you do then?

A.    I didn't know hardly what to do. I started to the telephone, but I didn't know... I thought the man over there had had a wreck. But I didn't know. I didn't know what to do.

Q.    Yes, míam. What did you do? Did you go out your front door to see what had happened?

A.    I went out the front door, but I didn't go across the road.

Q.    You didn't know, at the time, that the Floyd child had been struck by that truck?

A.    I sure didn't.

Q.    Well, how long was it before you found out that it had been?

A.    I donít know.

Q.    Well, who told you the child had been struck?

A.    Well, uh, one of my children and one of the Floyd children was coming down the road from this little old house and uh, and letís see, the other Floyd girl was coming across the soybean field and....

Q.    Well, one of the Floyd children and your children came to tell you what had happened?

A.    Yes, sir.

Q.    And you called the ambulance?

A.    I really don't know who called. I think he (pointing to man sitting en side of room)

Q.    The man driving the truck?

A.    Yes, sir.

Q.    Did he tell you what had happened?

A.    He said that he had hit her.

Q.    But you didn't see anything?

A.    No, sir. I didn't.

Q.    Any of your jurymen like to ask this lady any questions? That will be all, thank you.   (WITNESS EXCUSED.)

JIMMY R. MAYES, being first duly sworn, was examined and testified as follows:

BY CORONER WILSON:

Q.    Mr. Mayes, where do you live?

A.    Bowman, South Carolina.

Q.    Your address?

A.    Route #1, Box 199, Bowman, South Carolina.

Q.    What do you do for a living?

A.    Drive a truck.

Q.    You are not charged with anything, but I must warn you that anything you say can be used for or against you in a court of law. You can tell us what happened if you want to or you donít have to. It's your choice. Do you want to tell us or not?

A.    Yes, sir. I'd like to tell you about it.

Q.    Okay. Who do you drive a truck for?

A.    Aggregate Haulers.

Q.    Aggregate Haulers?

A.    Right.

Q.    Where are they from?

A.    Cayce, South Carolina.

Q.    Where?

A.    Out of Cayce.

Q.    Who owns that trucking outfit?

A.    Um. ..

Q.    Or do you know? Aggregate Haulers is owned by whom?

A.    Un....I'm going to tell you the truth.....

Q.    Well, the reason I asked you is that we got another address on Aggregate Haulers.

A.    To tell you the truth, I really don't know.

Q.    Okay. Go ahead and tell us what happened this day.

A.    Well, I was coming down Secondary Road... .he (the Patrolman) said that it was 82 and uh, I was meeting this log truck and I could see the kids in the middle of the yard, you know.... at the time I passed the log truck, I see this other girl at the time I was meeting him and I was trying to avoid hitting her.

Q.    You saw her whenever you got by the log truck?

A.    As the logs passed by.

Q.    Did you see them before that?

A.    I seen the other ones out in the yard, you know, it was about five (5) of them.

Q.    When you was coming around that curve, did you see those children by that road?

A.    Right. They was wanting him (Lominick) to blow the horn.

Q.    Before you met Mr. Lominick's logging truck?

A.    Right.

Q.    You saw them before then?

A.    I seen two (2) side of the highway. And the other three (3) or four (4) was in the yard. You could see them come running like, for him to blow his (Lominick) horn. By the time Lominick passed, the other two was just about in the middle of the lane Ö my lane.

Q.    What did you think about when you saw her (Floyd child)?

A.    All I could do was snatch to keep from hitting her.

Q.    Before you met Mr. Lominck?

A.    I think they was out there for him to blow his horn. All the kids in a yard, they want you to honk your horn.

Q.    And they didnít see you?

A.    They didn't see me. I don't think they did cause they run out in the road in front of me.

Q.    Were there some children on your right of the road also, or didn't you see them?

A.    No. Ain't no kids was on the right.

Q.    You saw these on your left?

A.    Right.

Q.    Did you think they could run behind that logging truck when you got even with it? Even with the back end of it?

A.    Well, I slowed down. See, I, uh, when I'm passing or meeting a log truck, I, you know, don't like to pass them too fast, you know, cause the logs are sticking out back there.

Q.    And you were slowed down when you met him (Lominick)?

A.    Uh, gradually, you know. Cause...  well, it wasn't much.

Q.    Did you see those children before you met the log truck?

A.    I seen two (2) outside the highway, for him to honk the horn, you know. And I seen the other three (3) or four (4) in the yard.

Q.    On your left hand side of the road or your right hand side of the road?

A.    My left hand side.

Q.    And after the log truck passed you, that's when the child ran from behind the log truck?

A.    Right.

Q.    How fast were you running, do you know?

A.    About 35.

Q.    And you jack-knifed that truck in the soybean field?

A.    That's right. To keep from hitting her (Floyd child).

Q.    Did you see the front of your truck hit that child or was it the side of the fender?        

A.    Well, it hit just like a Ö I couldn't tell you if it was the front of the side, you know, or the tip edge of the fender.

Q.    And then you told Mrs. Shealy what had happened?

A.    I told her.

Q.    And you called for the ambulance?

A.    Right away.

Q.    And you were running about 35, not over 40 miles an hour?

A.    About 35.

Q.    And you saw the children before you met Mr. Lominick standing on your left hand side of the road?

A.    Right.

Q.    Kind of in a driveway?       .

A.    They wasn't quite in a driveway when they Ö they were between the driveway and the mailbox.

Q.    And you saw them making a motion for him (Lominick) to blow his horn on his truck?

A.    Right.

Q.    And then you couldn't see than when you got beside the log truck?

A.    I couldn't see them.

Q.    Any questions from any of the jurors?

JUROR: Were you loaded at the time?

A.    Empty.

JUROR: Were all the children on your left hand side of the road?

A.    Right. In the yard.

Q.    How far from the edge of the road, were these two (2) children? That's on your left hand side. You said they were on that side. How far from the road were they?

A.    Well, they was right Ö it's a little ditch right behind the mailbox. They was right down in there. About from me to you (Coroner) or something like that.

JUROR: Was this before you met the log truck?

A.    Right.

JUROR: And when you came out from behind the log truck, they were in the road?

A.    Right.

Q.    Mr. Mayes, did you do everything you could to keep from hitting this child?

A.    That's right.

Q.    It just happened so quick that you couldnít do anything else, is that right?

A.    Right.

Q.    Any questions from any of the jury?

JUROR: You didn't really start getting off the road until you hit the child?

A.    Well, I got over from the log truck.

JUROR: The child was in the highway, is that right? When you hit it?

A.    No.

JUROR: It wasn't in the highway?

A.    Yeah, after I hit it Ö she ran out as the log truck passed.

JUROR: I mean, you was in the highway....

A.    Yes, sir. I was in the highway.

JUROR: And the little girl ran out in front of you in the highway?

A.    Right.

JUROR: Behind the log truck?

A.    Right behind as the log truck passed.

Q.    How far did she come across the center of the road when you struck her?

A.    She was about middle ways by then.

Q.    From the center of the road to the ditch, she was about halfway into that lane, that's your lane?

A.    From the center of the ditch....

Q.    From the center of the road to the edge of the ditch, this is on your side, she was halfway between the center of the road and the edge of that ditch?

A.    Halfway between the center of my lane and the yellow line.

Q.    Any further questions? That's all, Mr. Mayes. Thank you.                   (Witness Excused.)

CORONER WILSON: Gentlemen of the jury, that's all the witnesses we have; but if there is anybody in this room that knows anything that you haven't heard, if you will come around, we will let you tell it. This is the death certificate on Johnette Floyd, female, white, number one part; immediate cause was multiple trauma, skull, facial fractures, closed chest trauma, fracture left humerus, child hit by truck. This is signed by Dr. Lawrence F. McManus, MD in Newberry County Hospital.

Mr. Foreman and gentlemen, you received your charge at the beginning of this inquest. You have now heard the testimony concerning this matter. Insert in your verdict, the name of the party killed, the instru­ment with which killed, and by whose hands she met death. If you find from this testimony that some party parties other than the deceased was responsible for her death, you will recommend in your verdict that such party or parties be held for Grand Jury investigation. (Whereupon the jury retired, and after deliberation, returned to the courtroom, and delivered the following verdict, concurred in by all jurors:)

"Johnette Floyd came to her death due to an unavoidable accident.  We the jury, feel no one should be held responsible."

At approximately 8:25 p.m., the inquest was concluded.

THE STATE OF SOUTH CAROLINA, COUNTY OF NEWBERRY

AN INQUISITION, indented, taken at Newberry in the County and State aforesaid, the 20th day of October, A.D., one thousand nine hundred and eighty before Leroy Wilson, Coroner, upon view of the body of Marc Winner, then and there being dead by the oaths of Steve Massingale, James B. Toreence, James B. Bozard, Grady B. Wicker, Gerald W. Stoudemire, and Carold Wicker, being a lawful jury of inquest who being charged and sworn to inquire for the State of South Carolina where and by what means the said Marc Winner came to his death, upon their oaths, do say, Marc Winner same to his death as the result of an auto accident in a vehicle being driven by Donald Bryan Ulrich. We recommend Grand Jury investigation. And so the said jurors aforesaid, upon their oaths aforesaid, do say, that the aforesaid Marc Winner came to his death in the manner aforesaid.

In witness thereof, I, Leroy Wilson, Coroner aforesaid, and the jurors aforesaid, to this inquisition, have set our hands and seals, the day and year aforesaid.

                                                                                          /s/ Leroy Wilson, Coroner (L.S.)

                                                                                          /s/ Steve Massingale, Foreman (L.S.)

/s/ James B. Torrence (L.S.)

/s/ James B. Bozard (L.S.)                                                                       /s/ Gerald B. Stoudemire (L.S.)

/s/ Grady B. Wicker (L.S.)                                                    /s/ Carold Wicker (L.S.)

PROCEEDINGS

CORONER WILSON: Mr. Massingale, will you stand up and be sworn in as Foreman, please?

(Foreman of the jury, and members of the jury, were duly sworn)

CORONER WILSON: Gentlemen, this is an inquisition into the cause of death of Marc Jay Winner. As members of this jury in this matter, it is your duty to listen to the testimony given by the witnesses and to determine from such testimony where and by what means the said Marc Jay Winner came to his death.

PATROLMAN BROCK, being first duly sworn, was examined and testified as follows:

BY CORONER WILSON:

Q.    Mr. Brock, where do you live?

A.    I live here in Newberry County.

Q.    What is your occupation?

A.    I'm employed with the South Carolina Highway Patrol.

Q.    Are you stationed in Newberry County?

A.    Yes, sir.

Q.    On September 9th, did you have a call concerning an accident on Interstate-26?

A.    Yes, sir. I did.

Q.    Which lane was that accident in?

A.    It was on I-26 in the westbound lane.

Q.    That's going towards Greenville?

A.    Going towards Greenville, sir.

Q.    How far from Newberry, SC did it happen?

A.    Okay, this accident occurred 2.7 miles west of SC 202, Little Mountain Interchange.

Q.    Did you investigate this accident?

A.    Yes, sir. I did.

Q.    Will you tell us what your investigation was?

A.    At approximately 1:55 a.m., uh, of the morning of September 9th of this year (1980), I was on the third shift here

        in Newberry County assigned to work the Interstate. I received a call that there was an accident at approximately the 84-mile marker or between the Prosperity and the Little Mountain interchange. I was on the upper end of the county and I came East on the Interstate and as I got to the top of the hill there there's a railroad crossing below the 773 interchange... and I could see something on fire in the west-bound lane off the road. I stopped my car in the median in the eastbound lane and got out and proceeded across the westbound lane and I found a car off the embankment on the westbound side. It was in flames. Some truck drivers had stopped there. And from my investigation, I learned that the two gentlemen up there on the emergency lane were in the car and that, uh, there was another gentlemen, Mr. Winner, which he was still down the embankment. I proceeded down the embankment to check on Mr. Winner and could not find any pulse. And the EMS, from the Newberry County Memorial Hospital, arrived. And they couldn't find any pulse on Mr. Winner, either. Then I proceeded to question the two (2) gentlemen up on the Emergency lane and I learned from my investigation that Mr. Donald Ulrich was driving the automobile. I believe he is a student here at Newberry College. And, also, the other gentleman was a John Timothy Emory from Columbia, who is also a student here at Newberry College. From my investigation, I learned that Mr. Winner was a student also here at Newberry College. Upon questioning Mr. Ulrich, the driver of the vehicle, I learned that they had been to a disco or a nightclub in Columbia and were on their way back to the college. And Mr. Ulrich stated to me that uh, he was the driver. I asked him several different times to find out if he was actually the driver of the automobile. And he stated that he was. And upon

further investigation, I learned that the automobile belonged to Mr. Winner, the deceased. I questioned Mr. Ulrich as to what happened and he said that he went to sleep. And upon further questioning him, I asked him if he had been drinking, and I asked him to submit to a blood alcohol. He said that he would have to think about it. And he did not submit to a blood alcohol. He told me that he had consumed five (5) beers that evening.

Q.    How many times aid you ask him for a blood sample?

A.    At least twice.

Q.    Did anybody hear you ask him for a blood sample?

A.    Yes, sir. I believe you (Coroner) were there and I believe that Dean Patterson from the College was there also in the emergency room at the Newberry County Hospital.

Q.    Was Dean Patterson present all the time that you were talking to Ulrich?

A.    Yes, sir. He was. He had called and requested that Dean Patterson come to the emergency room because of them
        being students at the college. We asked Dean Patterson to step back there with us as we questioned Mr. Ulrich. At, this time, I would like to uh, show on the blackboard here.

(Patrolman Brock explaining diagram on board of accident)

This is the vehicle that Mr. Ulrich was driving (explaining diagram on beard) the night of the accident. This (diagram) is not too scale Ö this is 1-26 1m the Westbound lane that they were traveling West on the Interstate towards Newberry. The vehicle left the road en the right hand side and proceeded for a total of 464 feet and 6 inches before striking

a tree on the right side of the car. The car came around and was broke into and wound up on the West side of the tree. And, from talking with Hr. Ulrich and Mr. Emory, they uh... I believe Mr. Ulrich got out of the car first and helped Mr. Emory and they both pulled the Winner boy out of the car.

Q.    Was the Winner boy riding in the back seat or the front or do you know?

A.    From my investigation in talking with Mr. Emory and with Mr. Ulrich, he (Winner) was a passenger in the rear - the right rear. This was a four-door Sedan or a four-door car and he (Winner) was sitting in the right rear on the right side.

Q.    Did Mr. Ulrich tell you how fast he was going?

A.    He said that he didn't have any idea.

Q.    Would you and could you estimate the speed of this car that Mr. Ulrich was driving?

A.    Approximately 70 miles an hour or more.

Q.    He traveled 464 feet and 6 inches after leaving the pavement?

A.    Yes, sir.                                                                                                .

Q.    How deep is that field uh, Ö the road from where this car stopped?

A.    This is 50 feet and 3 inches from the edge of the pavement of the emergency lane.

Q.    That's a downward area?

A.    Yes, sir. Going down a hill.

Q.    From the read to where the car stopped?

A.    It's 50 feet and 3 inches from the edge of the pavement.

Q.    Did this car turn over?

A.    No, sir. It didn't.

Q.    It went down an embankment angling 464 feet and 3 inches before it hit the tree?

A.    Yes, sir. Thatí s correct.

Q.    Was it any ditches or anything to cause this car to be out of control after it left the pavement?

A.    No, sir. Nothing to cause it to do that.

Q.    Could he have stopped this car before it hit the tree?

A.    If he probably had been awake or... .yes, sir.

Q.    Then, in your opinion, what do you think caused this accident?

A.    Speed, sleep and alcohol.

Q.    Any of the jurors like to ask the witness any questions?

JUROR: Was this boy intoxicated or....

A.    He appeared to be under the influence.

Q.    But he didn't give you permission for a blood sample?

A.    No, sir.

Q.    He refused twice?

A.    At least twice.

Q.    Was he admitted to the Newberry County Hospital?

A.    Yes, sir. I believe he had a dislocated collarbone.

Q.    Any questions from any of the jurors? Mr. Brock, that's all you know about this case?

A.    Yes, sir.

JUROR: Mr. Brock, where on the vehicle did that tree.....

A.    The point of impact Ö this was a four door Sedan Ö this would be the right hand side of the vehicle (pointing to diagram) and it was between the front door and the back door on the right hand side of the vehicle.

Q.    Mr. Brock, did it cut the front end of this car off or the back end... which way was the motor?

A.    It was cut in two parts Ö separated in two parts.

Q.    How was he under the influence of alcoholic beverages?

A.    Like I say, from my investigation, Mr. Ulrich had told me that he had consumed approxi­mately 5 beers that night.

Q.    How did you estimate the speed of this car?

A.    Just, um, from previous investigations by being employed with the highway patrol for approximately four (4) years and from previous investigations of motor vehicle accidents.

Q.    Any further questions? Mr. Brock, after this car left the pavement of the road how far did it travel before it struck the tree?

A.    It was a total of 464 feet and 6 inches from it left the pavement until it struck the tree.

Q.    And the car was cut in two, we'll say.                                                 .

A.    Yes, sir.

Q.    Then it caught fire?

A.    I donít know when the fire occurred.

Q.    But it caught fire after it hit the tree?

A.    Right.

Q.    And Mr. Ulrich got Mr. Emory out first and then the two of them got Mr. Winner out, is that correct?

A.    That's what I was told, yes, sir.

JUROR: Was there any sign of skid marks like he was applying brakes or anything?

A.    No. There was not any brakes marks. Just the marks where he left the pavement of the car where he went down through the woods.

JUROR: Everybody out of the car when it caught fire?

A.    Yes, sir. From my understanding, everybody was out of the car when it caught fire.
Q.    Was it raining that night this happened, Mr. Brock?

A.    No, sir. It was dry and clear.

Q.    Mr. Brock, do you know what time this accident happened?

A.    Approximately at 1:50 a.m. on the morning of September 9th.

Q.    Was Mr. Emory admitted to the hospital?

A.    I believe he was checked over in the emergency roam and released.

Q.    He had minor injuries?

A.    Yes, sir. I believe, just some bruises and lacerations.

Q.    And Mr. Ulrich was released later that night? After the accident?

A.    I believe they kept him at the hospital to have his collarbone set.
Q.    Any further questions? That's all you know about this accident, Mr. Brock?
A.    Yes, sir. It is.

Q.    That's all. Thank you, sir.                         (WITNESS EXCUSED.)

DONALD BRYAN ULRICH, being first duly sworn, was examined and testified as follows:

BY CORONER WILSON:

Q.    Mr. Ulrich, where do you live?

A.    Uh, Clearwater, Florida.

Q.    Where?

A.    Clearwater, Florida.

Q.    You are a student at Newberry College?

A.    Yes, I am.

Q.    How old are you?

A.    Eighteen (18).

Q.    Are you a Freshman, Sophomore, Junior or Senior?

A.    Freshman.

Q.    Did you know Marc Jay Winner?

A.    Yes, I did. He was my roommate.

Q.    Did you know him before you came to Newberry College?

A.    No. I didn't.

Q.    How long had you known him?

A.    Approximately a week and a half.

Q.    Were you involved in this accident; that Patrolman Brock has been telling about?

A.    Yes, I was.

Q.    Will you tell us what you know about it?

A.    Where should I start, sir?

Q.    You start anywhere you want to. Where you had been; where you were going; what time it was; your speed. Where had you been?

A.    Went to Beethovenís in Columbia.

Q.    What time did you leave there?

A.    Approximately 1:10 a.m.

Q.    Alright, sir. Go ahead and tell from the time you left.

A.    Well, we left and we got on 1-26 and we went down and then the next thing I remember is going asleep. And

        then, I fell asleep and then I started going off on the side of the road Ö the last thing I remember was I opened my eyes and we were off the side of the road. I'm not sure, but I think I tried to apply the brakes and we just....just slid down the hill. And then we uh...and then I Ö the last thing I remember is getting up and helping, Tim out of the car. He (Tim) was staggering like he didn't know where he was. And then he was walking up the hill and I was trying to find Marc Ö find where he was and I saw him on the back seat. I pulled him out and then... Tim came helped me drag him away from the car before it started on fire. Then I went up the hill and waved my arms and a truck driver came over and stopped. Then the officer and the ambulance arrived after that.

Q.    You didn't know how far you had traveled after you left the paved road, did you? Down through those bushes and down that hill before you hit that tree?

A.    No, I didn't.

Q.    What speed were you running?

A.    I could have sworn it was between 60 and 65, but I'm not sure because the light on the inside of the dashboard didn't work.

Q.    Were you, Mr. Winner and Mr. Emory talking at the time this accident occurred? Had ya'll been talking coming up the road?

A.    Not really, they both Ö from what I know, they both went to sleep. And I was driving.

Q.    And you say you dozed off before you ran off the road?

A.    Yes sir.
Q.    Yes sir.
Q.    You were running about 60 or 65 miles an hour?

A.    Thatís what I thought.
Q.    And you had been to Beethovenís Club in Columbia?
A.    Yes.
Q.    Had you been drinking?

A.    Yes, I was.
Q.    Did Patrolman Brock ask you for a blood sample?
A.    Yes.
Q.    Did you give it to him?
A.    I thought I said I was going to think about it and later I went to my room and they took blood out of my arm
        and  a urine test.

Q.    At the hospital?

A.    Yes, thatís when I went to my room.
Q.    Did you give the hospital permission at Mr. Brockís request to give a blood sample at the time Mr. Brock was
         talking to you?

A.    No I didnít.

Q.    You didnít do it then?

A.    No.

Q.    You told him that you would think about it?
A.    Yes, I did.

Q.    Did you think about it?

A.    Yes. I Ö I was Ö .... I thought I was going to give when they came up and they took blood and a urine test.

Q.    Did you know at the time when you were in the hospital that Mr. Winner had got killed in that wreck?     .

A.    No, I didn't.

Q.    Who told you that?

A.    I think one of the officers did, but I'm not sure.

Q.    Do you remember this man right here? (Pointing to Patrolman Brock) Brock?

A.    Yes.

Q.    Did he (Brock) tell you?

A.    I think he did.

Q.    Well, who was standing by you when he told you?

A.    I can't really say.

Q.    Was it Dr. Dickert?

A.    Yes. He was there, too, I think.

Q.    Was the nurse from the emergency room standing by you also?

A.    Yes.

Q.    Were you sitting up on the end of that bed in the emergency room when he told you?
A.    Yes.

Q.    And you got real upset?

A.    Yes.

Q.    And Dr. Dickert and the nurse laid you back down on the bed?

A.    Yes.

Q.    But you still hadn't told Mr. Brock that the nurse or the doctor could draw a blood sample from you, had you?

A.    No, sir. I didn't.

Q.    Why?

A.    I don't know.

Q.    You didn't know that Mr. Winner was dead at the time he (Brock) asked you for a blood sample, did you?

A.    Could you repeat the question?

Q.    Do what?

A.    Could you repeat the question? I didn't understand.

Q.    At the time that Patrolman Brock asked you for a blood sample, at that time, did you know that Mr. Winner, Marc Winner, was dead?

A.    He (Brock) asked me, I think, twice. The first time I didn't....

Q.    Did he ask you before he told you that Mr. Winner was dead, didn't he?

A.    Yes.

Q.    And he asked you how much you had to drink, didn't he?

A.    Yes.

Q.    How much did you tell him?

A.    I said 5 glasses. I didn't say 5 beers. I just had 5 glasses.

Q.    How big were the glasses?

A.    I'd say 6 or 7 ounces. I'm not really sure.

Q.    But then Dr. Dickert admitted you to the hospital as a patient, didnít he?

A.    Yes.

Q.    Do you know Dean Patterson over at Newberry College?

A.    Yes, sir.

Q.    Do you remember him talking to you about the blood?

A.    Yes.

Q.    What did you tell him?

A.    I can't remember, sir.

Q.    But you didn't agree to voluntarily give a blood sample cause you said that you would think about it, is that correct?

A.    Yes. That's what I said. I said that I would think about it.

Q.    And you never did say that they could have sample of your blood?

A.    They didn't  Ö they never Ö as soon as I got in the room, they never asked me, they just took it out, so I just thought.....

Q.    I'm talking about the emergency room. Patrolman Brock couldn't do it then.

A.    Oh, okay. I'm sorry.

Q.    But you refused it in the emergency room.
A.    I don't Ö 1 don't think I refused it. I just said that I would think about it. But I don't think I refused it.

Q.    And you remember Dean Patterson talking to you about a blood sample cause wasn't no­ body there but you and Dean Patterson, is that correct?

A.    Yes, sir. I think so, sir.

Q.    And you don't remember what you told him?

A.    No, I don't.

Q.    Why wouldn't you voluntarily give a blood sample?

A.    I didnít think I needed one cause I didnít think I was under the influence.

Q.    You say you had 4 or 5 glasses at Beethovenís.

A.    Yes.

Q.    Was it liquor or beer?

A.    Beer.

Q.    Nobody forced you to try to give that blood, either, did they?

A.    No, they didn't.

Q.    How about the other two young men with you, Winner and Emory. Had they been drinking?

A.    Yes.

Q.    Were they with you all the time that ya'll were down there?

A.    No, they weren't.

Q.    Which one wasnít with you?

A.    I was with somebody Ö I don't even think I was with them any of the night except when we left.

Q.    Well, how long had you known Emory?

A.    I don't know. I just saw him a few times. I didn't really know him that well.
Q.    Who suggested that ya'll go into Beethovenís Club?

A.    Um, there was a few baseball players that said Ö but I don't know who really said Ö

Q.    Well, how many were in the car 'with you?

A.    When we were going up there?

Q.    Going and coming back? Well, coming back. We're not worried about going. Okay.

A.    Coming back, there were three (3).

Q.    Three. That was Marc Jay Winner, who was on the back seat. That's what you stated.

A.    Yes.

Q.    You, Donald Bryan Ulrich was driving the car and John T. Emory was in the front seat on the passenger side with you.

A.    Yes, sir.

Q.    And he was asleep?

A.    Yes. From what I remember, he was asleep.

Q.    And Winner was asleep?

A.    Yes.

Q.    And nobody was talking?        .

A.    No.

Q.    Were you playing the radio?

A.    Yes, I had the radio going.

Q.    Any questions from any of the jurors?

JUROR: The person that owned the car, what position Ö what seat was he sitting, the front or the back or Ö ?

A.    The person who owned it?

Q.    Who owned the car?

A.    Once Marc told me that it was a neighbor's car.

Q.    It was Marc's car?

A.    He drove it up here to college and uh....

Q.    And Marc Winner was riding on the back seat?

A.    Yes, sir.

Q.    Florida Vehicle Registration Certificate Ö this car is registered to Marc Winner at 7500 Dickens Avenue, Number #2, Miami Beach, Florida. The car did belong to Marc Winner. It was registered to him.

A.    I only could remember him telling me that it was a neighbor's car.

JUROR: You were admitted to the hospital, correct?

A.    Yes, sir.

JUROR: What injuries did you have?

A.    I had a fractured clavicle, which is the collarbone.

JUROR: And that was all?

A.    Yes.

Q.    How long were you kept in the hospital?

A.    Till the next morning.

Q.    Any further questions? Any of you? Did you give a blood and urine test at Newberry County Hospital?

A.    Yes, I did.

Q.    Who asked you for it?

A.    Um, nobody did. They came in and took it.

Q.    Who did?

A.    Uh, one of the nurses. I don't who she was.

Q.    Did you have any burns on your body?

A.    Yes, I had two (2) on my back.

Q.    But you and Emory got Mr. Winner's body out of the car, also?

A.    Yes.

Q.    Before it burned up?

A.    Yes.

Q.    Was this blood and urine test... did they ask you for itÖ when they asked you for it at the hospital, had you

        been admitted at the time or was that before you had been admitted?

A.    I'm not sure. I was in my room....

Q.    Well, now, did you have your arm in a sling at the time they asked you for this test?

A.    I'm not sure. I can't remember real1y.

Q.    But you went from the emergency room to a private room in the hospital?

A.    Yes, sir.

Q.    And after you went into that room, private room, is that when they....when you gave blood and a urine test?

A.    Yes, I did.

JUROR: Your association with the other two boys in the car, was what?

A.    Marc was my roommate and Tim was just a friend.

JUROR: Classmates?

A.    Yeah.

JUROR: Were ya'll all together as far as relationship at school?

A.    Yeah.

JUROR: With Marc and Tim?

A.    With Marc not really Tim.

JUROR: Was that car on fire when ya'll got the other person out?

A.    Um, no. It was not.

Q.    After you were in your room (at hospital), and they were taking a blood sample and a urine test, were you

        aware of it at the time they did it?

A.    Yes, I was.

Q.    You were aware of it?

A.    Yes.

Q.    Okay. Any further questions?

JUROR: Would you intentionally wreck a vehicle and possibly do yourself and other persons in that car bodily harm?

A.    No. I would not.

Q.    Mr. Ulrich, you may be excused.               (Witness Excused.)

JOHN T. EMORY, being first duly sworn, was examined and testified as follows:

BY CORONER WILSON:

Q.    Mr. Emory, where do you live?

A.    Columbia, South Carolina.

Q.    What street?

A.    Winyard Drive.

Q.    Have you got a house number?

A.    1712.

Q.    1712 Winyard Drive, in Columbia?

A.    Yes, sir.

Q.    How old are you?

A.    22.

Q.    What class are you in at Newberry College?

A.    Senior.

Q.    You are a Senior?

A.    Yes, sir.

Q.    Were you in the car with Marc Winner and Bryan Ulrich when the accident happened that we have been
talking about?

A.    Yes, sir.

Q.    Where were you coming from?

A.    Beethovenís in Columbia.

Q.    You were going to where?

A.    Back to Newberry College.

Q.    That's when this accident happened?

A.    That's right.

Q.    Go ahead and tell us about it, please?

A.    Okay. Urn, Marc and I had been on one side of Beethoven' s in the inside and we were talking to these two (2)

        girls and drinking with them. And uh, Donald was around on the other side, I guess, cause I didn't really see him much of the night. And I really hadn't known either one of them before that night. I had seen them, but I hadn't been introduced or anything; I had just learned their names. Urn, okay, we got out to the car, and it was understood that Donald would drive because he hadn't been drinking as much as us. And I thought it was safe because he appeared like he wasn't drunk. And uh, so we went on our way. I'd say it was about 40 miles back to the college. So, uh we had the radio on and like he (Donald Ulrich) said, there was no light where the speedometer is so, he doesn't know exactly how fast he was going. It was about after 1 :00, so I was going to sleep because I thought everything was safe. I was sitting up in the front seat and I put my head down and I went to sleep like that. And, I believe, Marc was lying down in the back seat asleep. And then the next thing I knew, I don't think I was fully asleep. The next thing I knew, the front right wheel went off the road. I could see what was going on cause I lifted my head up and I could see the grass flying by and everything. And uh, it seemed like we went a good ways on the grass. He couldn't really Ö it didn't seem like he could have possibly stopped going down the hill like that cause if he had put on the brakes, we might have spinned around and turned over. But he controlled the car cause we went right down in a drainage alley. There was a... .if we had gone any further, it would have been a big hill going up and down later there was a big hill going straight down. So, we were in a drainage alley, and we went parallel with the road for, I'd say, 150 yards. And uh, there were little pine trees on the right side and the road on the left side. And we went straight on down. And then, after that, I couldn't remember, uh, any­thing, you know, just flying in the grass. Uh, the next thing I remember was uh, laying on the side of the hill and Donald was talking to me telling something about, you know, about getting Marc out of the car before it starts on fire. But I don't Ö I don't remember if I did anything or not. I just remember that I looked Ö let' s see... after that, the next time Ö the next time I looked up and remembered anything, I looked over and saw the car on, you know, bluing up and the fire was up in the trees. And uh, I felt at that time that all three (3) of us was out of it because I wouldn't really worried about any­body being in the car. Uh, and then the next thing that I remembered after that was when we were in the ambulance and we were on our way back to the Newberry County Hospital and one of the guys in the back asked me how many people were in the car when we had the accident. And I said, "Three." And he asked me the names of everybody and I couldn't tell him at that time. And he asked me, you know, if that was Donald and that was Marc and I said that's who it was. Then the next thing I remembered, we were in the hospital where I was in one partition and Ö but it was in the same big room as Donald. And I could hear the officers talking and I listened to most of the conversation that went on. From what I remember, then they (officers) did ask Donald for a blood test, I don't remember him denying it. And uh, they asked him, and then uh, after a few questions and everything, I was under the impression that they were giving it to him right then. But, you know, I don't know for sure cause I was just listening. And then they (officers) started asking me if I was all right. And I just had a bruise on my back and my knee was bruised up and I had a scrape and uh, my elbow and my wrist was kind of sore. Then, later on they (doctor) let me out.

I guess it was between five and six in the morning. They released me. And Dean Patterson took me back to where I'm staying. Dean Patterson was there when they told me that uh, Marc was dead. And he (Dean Patterson) asked me if I knew it and I told him no. Uh, as a matter of fact, at that time, it really surprised me cause I didn't think anybody was

hurt real bad. It was really a shock that somebody got hurt that bad and died.

Q.    I believe every time that Mr. Brock talked to you, Dean Patterson was standing by you, wasn't he?

A.    He was there most of the time.

Q.    You were released to Dean Patterson at Newberry College, weren't you?

A.    Right.

Q.    After they checked you for injuries?

A.    Right.

Q.    You had minor bruises and scratches?

A.    Right.

Q.    And they released you to Dean Patterson, didnít they?

A.    Right.

Q.    And all of you had been drinking?

A.    Right.

Q.    Beer, liquor or wine?

A.    Just beer.

Q.    Mr. Emory, did you realize what was going on?

A.    As soon as the wheel went off of the road, I Ö I looked up and I knew what was going on.

Q.    Did you say anything to Mr. Ulrich about his driving?

A.    No.

Q.    Did you speak to him?

A.    I didnít say a word. I was just trying to Ö I had been drinking a good bit and I was still half asleep but I did look up and I knew what was happening. And uh, I've never been in that situation before and I was just, kind of like, observing it until I just didn't remember any more for a certain period.

Q.    Do you know anything else about this accident that you can tell us?

A.    Well, I went back there with my Mother and looked at the scene of where the acci­dent happened and everything. It was, like I said, I didnít know about how it looked during the accident. It was after the accident where I saw exactly where the car tracks were and        it was a drainage area and stuff like that. Uh, and I have seen the car, too.

Q.    Were you thrown around in the car after it left the pavement?

A.    I didn't really ever feel any pain. I mean, I donít remember being thrown around even though, I know it was real bumpy going down on the grass in the area.

Q.    Did Mr. Ulrich help get you out of the car or did you get out yourself?

A.    Uh, I don It remember that part. I remember when we were going with the grass flying by us, and uh, after that I remembered I was out of the car. And uh, I donít remember the part in between.

Q.    How much had you had to drink, Mr. Emory?

A.    I had a good bit to drink.

Q.    A good bit?

A.    Yes. Cause we Ö well, it cost a dollar or two to get in and it was free drafts, so....

Q.    Free draft?

A.    Yes.

Q.    Do you know how much Mr. Ulrich had drank?

A.    Urn, like I say, he was on the other side of the building, I guess, cause I hadn't seen him really the whole night; but, when we were out at the car, he seemed like he was in good shape to me.

Q.    So ya'll elected him to drive?

A.    Well, I didnít elect him; he was already elected when I got out there.

Q.    Mr. Brock, will you go to the blackboard, please sir? On the third vehicle you have got drawn, was it on flat ground or going down an embankment?

PATROLMAN BROCK: It was going down a hill, down an incline.

Q.    How about when it got to the fiat ground?

PATROLMAN BROCK: It is where the tree is at, it levels....

Q.    How far did it go before it hit the tree 'on flat ground?

PATROLMAN BROCK: I donít have that measurement there, Coroner.

Q.    That is all. You may have a seat. Any questions from any of the jurors?

A.    There is another thing that I would like to say. When I did go back to the area, of the accident, it was a long hill right before you go to that right before we went off, like a few hundred yards and a pretty steep hill, also. So if he had fallen asleep, the car could have increased speed before it went off, not because he was driving faster, but maybe because of that big hill.

Q.    Patrolman Brock estimated his speed at 70 miles an hour, I believe. And Mr. Ulrich said that he was doing, he thought, 60 to 65, so, they are not too far wrong in there with their speeds.

A.    Well, that makes sense, cause maybe he was going about that speed and then as he fell asleep going down hill, he increased in speed. Both of them could be right.

Q.    Whether it is up hill or downhill or not, 65 or 70 miles an hour is the same thing, up it or down it. Is that correct?

A.    Say that one more time?

Q.    If you were going up a hill 65 miles an hour and you went down a hill at 65 miles an hour, it would be the same speed, wouldn't it?

A.    Of course.

Q.    And I believe you stated that you didn't know how many beers Mr. Winner had. He was on the other side of the building?

A.    No. Mr. Winner was with me.

Q.    How many did Mr. Winner have? Do you know?

A.    He had as probably as many as I had.

Q.    And you don't remember how many you had?

A.    No. I lost count.

JUROR: The car left the road, from the drawing on the board, did the car leave the road at the top of the hill, halfway down the hill or where?

A.    It was right near the bottom of the hill.

JUROR: Are you sure? That is where it left the road?

A.    I'm sure. Right.

Q.    And again, Dean Patterson heard every question that was asked you at the time you were in the hospital, is that correct?

A.    I don't know about every question, but he was there most of the time.

Q.    Did the Patrolman ask you anything whenever Dean Patterson wasn't by him?

A.    I'm not sure.

JUROR: Will Patrolman Brock be called back at any time or can a question be related to him?

Q.    Weíll bring him back. Would any juror like to ask the witness any further questions?

        That's all. Thank you, sir.                                        (WITNESS EXCUSED.)

PATROLMAN BROCK

(Witness had already been sworn in previously)

JUROR: Mr. Brock, where did the car leave the road?

A.    Would you repeat the question again for me, please?

JUROR: From where on Interstate-26 in the westbound lane, at what point on that hill or on that slope did the car leave the road?

A.    I donít have that measurement, but just judging, about halfway down the hill. There's an embankment there and then it levels down to this drop off.

JUROR: Was it at this particular point on the Interstate?

A.    There's a bank and then it levels off down into the drainage or embankment.

JUROR: Now, this comes up a slight slope and starts down, right?

A.    Right.­

Q.    Any further questions? That's all, Mr. Brock.                 (WITNESS EXCUSED.)

CORONER WILSON: Does anybody present know anything that you haven't heard already concerning this accident? If you do, will you come up here and tell us about it, please? If not, that's all the witnesses we have.      

This is the blood alcohol test on Marc Jay Winner. The blood alcohol found Ö Mr. Brock, will you go to the board again, please?

He will show you and explain to you how this arrived at... the figures on it.

PATROLMAN BROCK: his is 0.089%...well, to round it off, it would be eight hundredths of one percent, nearly nine hundredths of one percent of b1ood alcohol. And the presumption level in the State of South Carolina as far as under the influence is ten hundredths of one percent.

CORONER WILSON: Mr. Winner was not under the influence of alcoholic beverages according to the Law in the State of South Carolina?

PATROLMAN BROCK: No, sir. Not according to the law.

CORONER WILSON: Mr. Brock, under the state law can other evidence be used to prove under the influence when blood tests reads .089?

PATROLl1AN BROCK: Yes, sir. If there is evidence to show, in other words, actions of the individual, he can be charged with nine hundredths of one percent, when there is other physical evidence.

CORONER WILSON: Any further questions? This is the certificate of death on Marc Jay Winner:

Part one-asphyxiation

Part two-severed trachea
Part three-traumatic injury to the neck

Mr. Foreman and gentlemen, you received your charge at the beginning of this inquest. You have now heard the testimony concerning this matter. Insert in your verdict the name of the party killed, the instrument with which killed and by whose hand he met death. If you find from this testimony that some party or parties other than the deceased

was responsible for his death, you will recommend in your verdict that such party or parties be held for Grand Jury investigation. (Thereupon the jury retired, and after deliberation, returned to the courtroom, and delivered the following verdict, concurred in by all jurors:)

"We recommend the case be forwarded to Grand Jury investigation, sir."

At approximate1y 8:50 pm. the inquest was concluded

 

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