Chelsea man goes on trial in 2008 motorcycle crash that killed two teenagers
The trial began Monday for a Chelsea man who allegedly furnished alcohol to two teenagers who died in a motorcycle crash two years ago.
Eric Smallwood, 20, is charged with allowing intoxicated persons to operate a motor vehicle causing death in the crash off Sylvan Road in Sharon Township on Nov. 7, 2008. His friends, Ian Hughes, 18, and Anna Herter, 16, were racing him when their dirt bike veered off the roadway at about 9 p.m.
Eric Smallwood
A hunter called police after he found their bodies in a deep ditch along the road the following day. Police reports said the pair died of severe head injuries and weren't wearing helmets. Hughes attended Chelsea schools and was set to graduate in 2008 before leaving school early. Herter was a junior at the high school.
Michigan State Police investigators learned Hughes and Herter were partying with Smallwood and a girl at his house before they decided to go riding on Sylvan, Heim and Grass Lake roads. Marijuana and alcohol were used, reports said.
Smallwood, who was on a four-wheeler with the other girl, didn't stop or report that Hughes and Herter never returned with his motorcycle.
Prosecutors charged him four months later. During an April 2009 preliminary hearing, witnesses testified that Smallwood provided alcohol to the teens and allowed Hughes to ride his motorcycle.
But Joe Simon, Smallwood’s attorney, argued investigators couldn’t pinpoint the timing and circumstances surrounding the fatal crash, and Smallwood couldn't be held responsible. Washtenaw County Circuit Judge Donald Shelton agreed and dismissed the felony charges.
In a decision issued earlier this year, the Michigan Court of Appeals found that Shelton abused his discretion. The court ruled a jury could infer Hughes operated the dirt bike, missed a sharp turn and ran off the pavement if witnesses were allowed to testify, records show.
Simon declined to comment on the appellate ruling and the case in general. He said his partner, Dan Geherin, is handling the trial. Court officials said jury selection took most of Monday morning.
If convicted, Smallwood faces up to five years in prison. The trial is expected to last all week.
Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
RuralMom
Thu, Sep 16, 2010 : 12:26 p.m.
Amalie, I didn't assume anything, my families experiences have been first hand. Seems like a real reporter would want to know what the teens in the community know, in order to get to the bottom of it. Oh well he was acquitted so now the is no motivation to tell the truth, we can just wait for the next person to be paralyzed or killed, maybe then the truth will come out.
Sherry
Thu, May 5, 2011 : 7:49 p.m.
Do you know something else?
Heady99
Thu, Sep 16, 2010 : 8:05 a.m.
Another case of kids making poor choices! I feel that you can't point the finger at one person in this situation. They all made bad decisions - but to think that putting Mr. Smallwood in jail for this would be just another poor choice. I don't know Mr. Smallwood but I have heard from several people that do know him that he suffers greatly with this and I am sure he will to some extent the rest of his life. Putting him in jail will not bring back anyone - I would love to see him put that kind of effort into talking to teenagers and pointing out that this can happen to anyone when young people partake in alcohol/drugs. Please don't let this take yet another young life away - I continue to pray for all concerned in this tragic situation.
RuralMom
Wed, Sep 15, 2010 : 9:36 a.m.
@ jernalyst, you are right not just one person is responsible. However the key point person, who's home this took place at, who obtained the alcohol isn't telling who helped contribute to this horrible tragedy. If your going to protect your cohorts, then you get to pay the penalties all on your own. This tragedy horribly effected my children, specifically my daughter, who now knows always follow your gut instinct and don't give into peer pressure, not even for a moment. It has and could very well, cost you your life.
jernalyzt
Wed, Sep 15, 2010 : 9:32 a.m.
I just went back and read the original stories. So at the time of the accident, the kids were 19, 18, and 16. Which makes this case even stranger. What am I missing?
jernalyzt
Wed, Sep 15, 2010 : 9:27 a.m.
What bothers me a bit about all of this is that it sounds like the kids were essentially peers, with the youngest being 16 and the eldest 20.(I remember being 16 and hanging out with older kids, even when I probably shouldn't have been.) They were all friends, all underage, with each kid making the personal decision about whether to drink, smoke pot,wear a helmet, and ride on or operate a potentially dangerous vehicle. This is a horrible, horrible tragedy--I can't even imagine the pain these parents must be going through--but trying to finger one person as responsible for everyone's decisions doesn't bring back loved ones. Maybe the trial will reveal something differently, but based on the information this article presented it's hard for me to see one person as responsible.
robyn
Tue, Sep 14, 2010 : 11:06 p.m.
This was a particularly tragic event for a lot of people in this area. Such a sad loss. Anna, quite a bit older than my daughter, was on the same bus. She was a very nice girl, one of the few 'older kids' that had no problem being kind and friendly to the younger children on the bus. Her death really had an impact on my daughter and they were just bus mates - I cannot imagine how difficult it had to be - and still is for her family and friends. Along with the family and friends of Ian Hughes. While it's easy to say a person should be judged as harshly as the law allows - I would think any court sentencing will ever be as bad as the mental and emotional 'prison' that Eric must live with each day. This is heartbreaking any way you look at it.
Barb
Tue, Sep 14, 2010 : 1:12 p.m.
Thanks Stefanie - I thought there might have been stories when Shelton's decision was overturned. but I can't find more than what you posted. Oh, well.
Barb
Tue, Sep 14, 2010 : 11:13 a.m.
If you read the Facebook page linked to this article, you'll see some opinions about where the alcohol came from. Weren't there even more articles written at the time this accident occurred? Could those be linked here too? If I recall, there's been quite a bit written about this awful accident.
Ricebrnr
Tue, Sep 14, 2010 : 11:07 a.m.
I fail to see how my comment essentially mirroring the above "blamed" the victim. I was disputing how 18 year olds are as children.
5c0++ H4d13y
Tue, Sep 14, 2010 : 10:14 a.m.
@Leann I think our kids would be better off if being 18 were more like being an adult.
RuralMom
Tue, Sep 14, 2010 : 9:10 a.m.
What this article doesn't say is who gave the alcohol to Eric since he wasn't old enough to purchase it, and why hasn't he told the authorities who helped furnish the alcohol to the group involved. It is sad for all families and the community, its even sadder that not everyone involved has come forward.
HaeJee
Tue, Sep 14, 2010 : 8:52 a.m.
What a sad story. So many destroyed lives due to bad decisions made at such a young age. Being 18 like still a child. I feel bad for all the parents of these children.