Survivors displeased with charges filed against driver in U.S. 78 crash

By Christian Boone

The Atlanta Journal-Constitution

Two survivors of last Tuesday's rush hour collision that killed three co-workers say the punishment seems disproportionate to the crime.

James Miles, who drove the Dodge Stratus witnesses say clipped the rear of a commuter van carrying nine Southern Company employees, was charged Monday with three counts of misdemeanor vehicular homicide. The collision caused the van to lose control and flip on its side, DeKalb County Police said.

"I'm not happy but not surprised," said Sandra Bonner, 52, who sustained a badly bruised left foot and an arm fracture in the wreck that  shut down the eastbound lanes of the Stone Mountain Freeway for nearly three hours.

"If [the crash] was due to reckless driving, there should be some considerable penalties," she said.

According to the DeKalb police report, witnesses saw Miles, 55, "changing lanes in and out of traffic prior to the accident."

Former DeKalb District Attorney J. Tom Morgan said there's a fine line between aggressive and reckless driving.

"It's almost in the eye of the beholder," Morgan said. "It can be tough to prove reckless driving."

Whether the crash caused a death or injury is irrelevant when determining charges, he said.

"My first thought would be that the charges are on the light side," said passenger Gary Davis, who required stitches on his right palm. "I certainly didn't feel like [Miles] did it intentionally. It's hard to say what would be just."

Driver Robert Harold Clinton Jr., 60, and two passengers, Ollie Benny Stephens Jr., 49, and Cindy Fitzgerald, 54, were killed in the crash. All three lived in Lilburn. Rescue crews had to cut the roof off the top of the van to reach the trapped passengers.

"Based on all the witness statements and early indications from the investigation, misdemeanor warrants were obtained in the case," said DeKalb police spokesman Jason Gagnon.

Miles, 55, was not hurt in the crash. One survivor, Courtney Hill, 25, of Lilburn, remains hospitalized with a skull fracture and broken femur. She was sitting on the driver's side of the van nearest to the three victims.

"I'll heal, but the tragedy of losing our friends will be with us forever," Bonner said.