Defense attorneys for a former trooper on trial for his alleged role in a fatal wreck again asked for a mistrial Wednesday morning in a Carroll County courtroom.
Mac Pilgrim, attorney for Anthony “A.J.” Scott, told the court that one of the teenagers killed in the wreck was not in the backseat, as investigators initially believed. And her seating position could have prevented the car’s driver from seeing the trooper’s oncoming car, Pilgrim said.
While Judge John Simpson weighs his decision, jurors will get a break from deliberations until Friday at 1 p.m
In September 2015, Scott was driving 90 mph in a 55-mph zone moments before crashing into a Nissan Sentra with four teenagers inside, according to investigators.
Kylie Lindsey, 17, and Isabella Chinchilla, 16, believed to have been seated in the backseat of the Nissan, died from their injuries. Both were students at South Paulding High School. Two others — Dillon Lewis Wall, then 18, and Benjamin Alan Finken, then 17, both of Douglasville — were critically injured and taken to Grady Memorial Hospital. Both Wall and Finken survived.
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In recent months, investigators determined Lindsey may have been ejected from the front, passenger-side window, a trooper testified Wednesday. That would indicate, according to Trooper Chad Barrow, that Lindsey may have been riding in the front seat or on the middle console.
Pilgrim said prosecutors failed to disclose the information to defense attorneys. Prosecutors said there was not definitive proof Lindsay was not in the backseat at the time of the crash.
Scott was later indicted on two counts of second-degree vehicular homicide, two counts of serious injury by vehicle, violating oath of office and one count each of speeding and reckless driving.
The trial for Scott began May 13, but on Friday, Pilgrim requested a mistrial due to a video prosecutors showed during closing arguments. The dash-cam video was shown during the trial. But the video shown during closing statements had an image of a speed-limit sign imposed in the corner.
Monday morning, John Simpson denied the mistrial, but told jurors the enhanced video could not be considered as evidence.
After hearing arguments from both sides Wednesday, Simpson said court would be in recess until 1:30 p.m. When court resumed, he dismissed jurors to allow himself time to consider the most recent motion for mistrial.
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