Tennessee Paramedic Cleared in Wreck

A Madison County jury deliberated about three hours Thursday and acquitted a Tennessee paramedic of manslaughter in the 2005 death of a Hazel Green woman.

Charles Christopher Eakes testified Tuesday that he believed he was authorized to drive over the speed limit when it crashed into Dianna Christine Bowden's Dodge Neon in north Madison County nearly two years ago. He said he had control of the vehicle and he had the comfort of his patient in mind.

Robert Presto, Eakes' lawyer, told the jurors in his closing statement Tuesday that Bowden, 18, ran the red light at the intersection because she was in a hurry to meet her boyfriend at her apartment in Meridianville and to get back to Hazel Green to socialize with friends.

District Attorney Robert Becher said there was no provision under Alabama law that would allow Eakes to violate the traffic laws on a non-emergency run. Becher said Eakes was in a hurry to get to Huntsville, unload his patient and get the ambulance back to Fayetteville.

Eakes, 35, was charged with reckless manslaughter. If he had been convicted, Circuit judge Karen K. Hall could have sentenced him to between 10 and 20 years in prison.

Eakes' trial started Sept. 24 and he was indicted by a grand jury in 2006. The crash was Oct. 13, 2005.

"I was glad to be able to give my side of the story," he said Tuesday evening outside the Madison County Courthouse. "I'm sorry for her (Bowden's) family's loss.

"I just want everyone to know that it was a horrible accident."

A federal jury awarded Bowden's family $3.1 million in damages in April after determining that Eakes was liable in the crash. The lawsuit alleged that Eakes was negligent, careless and was exceeding the speed limit at the time of the wreck.

During the civil trial, Eakes testified that he did not know he was violating his employer's rules by exceeding the speed limit while transporting a patient on a non-emergency basis.

Two state troopers testified last week that Eakes was going 81 mph in the southbound lane of U.S. 231/431 when he ran a red light at the intersection of Joe Quick and West Limestone roads and struck Bowden's Neon. The speed limit was 60 mph on that section of the highway. The speed limit was reduced to 50 mph after the wreck.

Eakes, a paramedic employed by Lincoln County Emergency Services, was transferring Earnest Cook to Huntsville Hospital. Cook had a heart attack earlier in the day. Joey Douglas Posey, Eakes' co-worker, was also in the vehicle.

Eakes, now employed by Giles County EMS as a paramedic, said he had the green light when Bowden's car darted into his path.

Eakes said he hit the brake pedal with both feet and the front of the ambulance dipped before slamming into the car. Eakes said he was dazed but managed to attend to his patient, Cook, and his co-worker. Then he went to help Bowden.

Trooper Thomas Taylor said Eakes averaged 67.31 mph over the 15.7 miles from the hospital in Fayetteville to the intersection. After the collision, the vehicles slid 217 feet before stopping, the troopers said.

Dustin Selby testified he was crossing the highway on foot, south of the intersection, when the wreck occurred. He said the signal light for the northbound lane was red. That means the signal for the southbound lane was red, also.

The signal for West Limestone and Joe Quick roads works on a triggering mechanism, according to testimony. A few seconds after a vehicle pulls up to the intersection, the red signal light turns green.

Presto also accused the troopers Tuesday of using what he called "voodoo science" in order to magically come up with incriminating evidence. He said the troopers made mistakes on their calculations.

"They are not interested in doing justice," he said. "They are interested in getting a conviction."