UPDATED: 8:46 a.m. April 07, 2008
Acura had passenger, in jail on unrelated charge
Accident report: Acura spun across I-85, crashed into SUV


The Atlanta Journal-Constitution
Published on: 03/31/08

An accident report released Thursday morning by Gwinnett County police says witnesses reported that a red Acura driven by a Gainesville man sped down I-85 near the median wall Monday night and "began to yaw" before spinning across six lanes of northbound traffic.

The report says the Acura "rotated clockwise and began to travel across Interstate 85 northbound lanes of traffic from east to west." The Acura struck a 2003 Ford Excursion SUV traveling in the lane next to the HOV lane, causing the SUV to flip over several times and eject four passengers before coming to rest in an HOV lane, the report said. Four people who were riding inside the SUV died. The Acura caused three other vehicles to wreck, causing injuries to one vehicle occupant.

Gwinnett Shieriff's Dept.
Cody Rhoden
 
Vino Wong/AJC (Family photo)
Sulianna Chandler holds a family picture taken during Christmas of 2007. In the front: Demetrius Randle holding grandson Kayden Randle-Finley, 13 months, who was killed in the wreck. In back row: Son Alexander Demetrius Randle, daughter Whitney Elizabeth Randle, (both were killed in the crash), mother Falleen Kimberly Randle and Christopher Demille Randle. Christopher was not involved in the crash.
 
I-85 WRECK:

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   • Gwinnett County news

The Acura was driven by Carmon Cody Rhoden, 20, of Gainesville, who works at a family-owned tire store in Gainesville. Rhoden is charged with four counts of first-degree vehicular homicide, one count of felony hit and run and five other charges related to the accident.

Rhoden, according to the report, was not alone inside the Acura. Josh Kitchens, a 23-year-old Gainesville man, was the passenger in Rhoden's car, the report said. Kitchens was picked up by Floyd County authorities Tuesday and is now being held in the Floyd County Jail for a probation violation.

Barrow County also has an outstanding warrant out for Kitchens, a jail official said.

The report says that Carmon Rhoden Sr., Cody Rhoden's father and the registered owner of the 2002 Acura, contacted police during the early morning hours Tuesday after watching a news bulletin about the wreck.

Cody Rhoden was arrested Tuesday night.

Police had earlier declined to release the accident report, saying they were still investigating. Officers closed northbound lanes of I-85 Wednesday morning to gather information from the wreck scene. The narrative of the accident ends with these words: "This is a preliminary report and the investigation continues."

Cody Rhoden politely answered a few questions from a judge Thursday morning during a brief hearing in Gwinnett County Magistrate Court.

Rhoden, wearing a green, jail-issue jumpsuit, said that he did have a lawyer and understood the charges against him. He was not asked to enter a plea and did not do so. Before leaving the courtroom, Rhoden spoke with his father for a moment.

Rhoden will next appear in magistrate court April 11 for a probable cause hearing. His lawyer, who did not attend the first appearance hearing Thursday, might ask for bond. Rhoden is now being held without bond in the Gwinnett jail.

Rhoden's lawyer, Jeffrey Sliz, said Wednesday at a press conference that Rhoden didn't cause the wreck, as police have said, but was caught up in it Monday night while he and the friend were driving home from the Atlanta Braves' home opener. Sliz said he hoped to talk soon with Kitchens, the friend who was riding in the car with Rhoden and any other witnesses who may be able to exonerate his client.

"We think when it's all said and done, the evidence will be that we were involved in this but not at fault," Sliz said.

According to Sliz, Rhodes was in the HOV lane of I-85 North when a dark-colored sport utility vehicle struck his Acura, causing the Acura to spin around and come to rest near the exit ramp to Indian Trail Lilburn Road. Rhoden exited the highway and parked his disabled car nearby in a hotel parking lot, Sliz said.

Sliz said Rhoden didn't realize that behind him, a horrendous collision had occurred and that he would eventually be considered a hit-and-run driver for leaving the scene.

Police say Rhoden was driving recklessly when he caused the wreck. His actions allegedly caused the driver of an SUV limousine to swerve, slam into the median and then overturn. Two other cars also were involved in the collision.

The SUV limousine was loaded down with six members of a Lawrenceville family returning home from the airport after attending a wedding in Utah.

Killed in the wreck were Alexander Randle, 14, a student at Peachtree Ridge High School; his sister, Whitney Randle, who family members said was 21; Whitney Randle's 13-month-old son, Kayden Alexander Randle-Finley, and driver Mark Anthony Gay, 44, of Lawrenceville. Gay owned Destiny Limousines.

Demetrius Randle, 45, the father of two killed in the wreck and grandfather to one, remained in critical condition Wednesday at Gwinnett Medical Center with a severe head injury. He has shown mild improvement since being admitted Monday at Gwinnett Medical Center. His sister-in-law, Sulianna Chandler, said the swelling around Randle's brain has gone down, though his recovery remains in question.

His wife, Falleen Randle, 43, also was "very banged up" in the wreck, according to Chandler. Falleen Randle checked herself out of the hospital Tuesday to be at her husband's bedside.

"He looks better than he has, so he's showing some progress," Chandler said. "But we still don't know."

Chandler was incredulous upon hearing the Rhoden family was trying to deflect the blame for the accident.

"He's out of his mind," Chandler said. "There were witnesses who reported he was bobbing and weaving and speeding like 120 mph."

Chandler said her sister described many details of the crash to those who gathered at the hospital, and even drew a picture on a piece of paper to illustrate how the events unfolded.

Chandler, who was not in the wreck, said her sister gave this account:

The SUV was traveling north in the HOV lane when Falleen heard the noise of another car coming from the inside of the HOV lane. Falleen told her family the Acura scraped against the Ford Expedition limousine as the Acura driver, apparently trying to pass in the narrow emergency lane, squeezed between the limo and the concrete median.

After the Acura passed by, it cut over the HOV lane and struck two cars traveling ahead of them, Falleen reportedly said. The limo slammed into one of those cars and flipped half a dozen times, coming to rest on its roof.

Rhoden was arrested Tuesday night after he, his father, Carmon, and his lawyer met with investigators at Gwinnett police headquarters.

On Wednesday, Rhoden's parents asked the public not to rush to judgment against their son.

They described him as a well-mannered, "all-American boy" who has never been in trouble. Cody Rhoden attended Apalachee High School in Barrow County through the 11th grade, then quit to work in the family business after his father became ill, his father said Thursday. Cody later obtained his GED, his father said.

"I am so remorseful and so sorry for that other family, but I feel like in the end justice will prevail," said Wendy Rhoden, his mother.

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