When a former Georgia state trooper accused of causing a fatal wreck returns to trial, he’ll face a different prosecution team and judge.
Both Coweta Judicial Circuit Chief Judge John Simpson and District Attorney Herb Cranford have asked to be recused from Anthony “A.J.” Scott’s case, according to documents filed this week. In May, Simpson declared a mistrial in the case against Scott.
Authorities say Scott was driving 90 mph in a 55-mph zone moments before crashing into a Nissan Sentra carrying four teenagers on on Sept. 26, 2015, in Carroll County. Prosecutors argued his reckless driving caused the crash, noting Scott was not responding to an emergency at the time.
Two teens in the Nissan, Kylie Lindsey, 17, and Isabella Chinchilla, 16, died from their injuries. Both were students at South Paulding High School. Two boys in the car were seriously injured.
It’s not yet known how long reassigning the case could take or when a new trial date may be set. But the decisions by Simpson and Cranford to remove themselves from the case ends the legal skirmishes that delayed the case in recent months. The Attorney General’s office will be tasked with finding new prosecutors.
During the May trial, Scott’s attorneys filed two motions for mistrials. The first involved a video shown to jurors that had a speed-limit sign imposed in the corner. Simpson denied that motion.
Days later, the defense learned that investigators had a new theory about the incident, including where one of the crash victims was seated before the collision. While jurors reported they were deadlocked, defense attorney Mac Pilgrim filed another motion for a mistrial. This time, Simpson granted it.
By failing to turn over all evidence in the case to the defense, Simpson ruled, Scott’s right to a fair trial was violated.
But Simpson wasn’t done. On June 4, he filed a motion seeking to hold a contempt hearing for prosecutors. Simpson also wanted prosecutors removed from the case.
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Cranford responded with his own motion days later.
Prosecutors argued they didn’t the new theory about where a victim was sitting was relevant to the case and say they turned over all evidence. Instead of a judge, Simpson would be acting as a prosecutor by seeking contempt charges, Cranford wrote in his motion.
“Objectively, Judge Simpson is not impartial in this case and has a bent of mind that will prevent and impede the impartiality of justice,” he wrote.
Earlier this month, Simpson agreed to dismiss the citation seeking contempt charges.
Meanwhile, Scott is running for mayor of Buchanan, the county seat of Haralson County in west Georgia. The city has a population of just over 1,000.
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