The man who was drunk driving when he killed a father of four was sentenced to five years in prison, the Cobb County District Attorney said Wednesday.
Kenneth Lee Chitwood, 49, of Acworth, was ordered to spend the rest of his 15-year sentence on probation for killing James Peyton Underwood on Feb. 22.
Underwood, who ran his own business making real-estate signs, was placing signs along Mars Hill Road when he was struck by Chitwood, Cobb County police previously said. Underwood, 50, was standing outside of his truck when he was hit, shortly after midnight.
Underwood, of Paulding County, died after being taken to WellStar Kennestone Hospital. Chitwood wasn’t injured and was arrested at the scene of the wreck after a police officer smelled alcohol on him, a Cobb County arrest warrant stated.
Chitwood’s blood-alcohol concentration was 0.27 percent, according to investigators.
“Mr. Underwood’s death was so utterly senseless and preventable,” John Pursley, assistant DA, said in an emailed statement. “Drinking and driving is never acceptable.”
Chitwood was released on bond after the crash, but was re-arrested in September after being indicted, booking records showed. He has been held without bond at the Cobb County jail.
Tuesday afternoon, Chitwood pleaded guilty to driving under the influence and homicide by vehicle in Underwood’s death.
After his death, Underwood’s community rallied to help his family, friends previously told the AJC.
When his own four children were too old to need a Little League coach, the Georgia Bulldogs fan coached other people’s children and also worked behind the plate as an umpire.
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