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Posted on Thu, Mar 10, 2011 : 5:58 a.m.

Witness testifies he recorded driver leaving scene of fatal Ypsilanti Township car accident

By Lee Higgins

A witness testified in court Wednesday that he saw and recorded on his cell phone an Ypsilanti Township man walking away from the scene of a five-car accident that killed a woman and injured her two children in October.

Kenyatta Smith said he started taking video with his cell phone after he saw a yellow car speed through the intersection of Ecorse and Harris Roads in Ypsilanti Township on Oct. 26 and strike another car.

The car’s driver, whom Smith identified as 35-year-old Bradley Wayne Howard, got out and started walking away, Smith testified.

Smith followed, yelling, “Hey, somebody needs to stop this guy!" he said.

Bradley-Wayne-Howard.jpg

Bradley Waye Howard

Fourteen B District Judge Charles Pope watched Smith’s video during the first day of the preliminary exam for Howard, who faces charges that include second-degree murder in the death of 32-year-old Stephanie Joyce Stone of Canton Township.

Washtenaw County sheriff's deputies say Howard was intoxicated and driving with a suspended license when he ran a red light and barreled through the intersection in a 1995 Ford Mustang at an estimated 60 to 80 miles per hour. His car struck Stone's 2002 Ford Taurus, deputies say, pushing it into three other cars.

Stone died at the scene of multiple traumatic injuries, investigators said. Her 13-year-old son, Brandon Miller, who was a front seat passenger, was seriously injured. Her 11-year-old daughter, Savanna Miller, who was a back seat passenger, suffered minor injuries.

Michele Glinn, supervisor of the toxicology lab at the Michigan State Police Crime Lab in Lansing, testified that blood samples showed Howard had alcohol in his system, as well as THC, a chemical compound in marijuana; the painkiller Hydrocodone; and a high level of the anti-anxiety medication Alprazolam.

In her opinion, he was impaired at the time of the accident, she said. It's unclear whether Howard was prescribed any of the medications.

Steve Forgacs, a state Children's Protective Services investigator, was returning from a call that afternoon and was traveling west on Ecorse Road when he stopped at a red light at the intersection, he said. A yellow Ford Mustang was traveling east on Ecorse Road, he testified.

“I heard it speed up and accelerate towards the intersection," he said.

The Mustang struck a black Taurus traveling north through a green light on Harris Road, Forgacs said. Both cars hit Forgacs' state-owned Ford Focus, he testified. He had to kick the passenger door to get out of his car, then rushed to the Taurus because he heard a child screaming, he said. A girl was stuck in the back seat.

"She was pinned and flailing around, screaming," he said.

Forgacs helped her out of the car.

"The driver was non-responsive the whole time I was there," he said.

He said he didn't see anyone else in the car. Forgacs said he looked at Howard and cursed at him.

Deputy Derek Wiese was on patrol at about 4:40 p.m. when he saw the accident, called dispatch and got out of his patrol car to help, he testified. He pushed the crowd back and entered the Taurus from the driver's side back seat.

The driver had no pulse, Wiese said. Wiese could see a child in the front passenger seat trapped underneath the driver, but didn't get a response when he called out to him. He tried to open the passenger side door but it was jammed, he said.

"The fire department responded and they were able to extract him from the vehicle," Wiese said.

Howard walked at a "very brisk pace" away from the scene and continued walking after Wiese yelled at him to stop, Wiese said. Howard had glassly, bloodshot eyes and appeared unsteady on his feet at one point, Wiese said. Wiese suspected Howard was under the influence of something.

"I didn't know what it was," Wiese said.

Under cross-examination by Howard’s attorney, Mark Hugger, Wiese acknowledged that Howard may have been in a dazed state because he had been involved in a serious car accident that required him to be hospitalized.

In addition to second-degree murder, Howard is charged with operating while intoxicated causing death, operating while intoxicated causing serious injury, operating while intoxicated third-offense, failing to stop at an accident causing death, failing to stop at an accident, operating with a suspended license causing death, operating with a suspended license causing serious injury, operating with a suspended license second-offense and having an open container in a vehicle.

The exam is scheduled to wrap up March 16 at 1 p.m., when Deputy Robert Losey is expected to testify.

Lee Higgins covers crime and courts for AnnArbor.com. He can be reached by phone at (734) 623-2527 and email at leehiggins@annarbor.com.

Comments

Sierra

Mon, Mar 28, 2011 : 2:47 a.m.

Hello, I'm Annoymous I'm in middle school, With no joke behind this or anything.. I go to school with the daughter of Stephanie, Her daughter name is S*V*N*. She's ok, she acts like nothing has happend, She recently has just came back to school and is doing fine, My principal has asked for no questions what so ever, about that horrible night to her daughter, She's ok,that's all I want to say, Thanks,I swear to god this is all true, Bye

nonameplease

Fri, Sep 30, 2011 : 1:59 a.m.

She maybe back in school. But she is surely not over this by all means. She will never be over the loss of her Mother. You don't see her when she cries herself to sleep. These kids did not ask for this to happen!

KathrynHahn

Fri, Mar 11, 2011 : 4:46 a.m.

I hope this guy enjoys the next 15 or more yrs staying sober in one of our lovely penal institutions. No "buzz" is worth taking a moms life.

RJA

Thu, Mar 10, 2011 : 10:37 p.m.

Great Job, Kenyatta Smith! Excellent way to help law enforcement, I wish many others would get involved as you did. I would not have thought to take pictures with my cell phone. I enjoy this community wall, it is never to late to learn ways to protect oneself and other citizens.

Warbler

Thu, Mar 10, 2011 : 5:36 p.m.

"Under cross-examination by Howard's attorney, Mark Hugger, Wiese acknowledged that Howard may have been in a dazed state because he had been involved in a serious car accident that required him to be hospitalized." Is Mr Hugger really trying to get his client off by implying Bradley Howard's stuttered walk as he ran away from the scene (like a coward) was the result of the accident and not because he was intoxicated on multiple drugs? Really??? Sometimes I just don't get the mentality of defending attorneys. Just don't get it. I know, I know, we all have a right to representation and a fair trail..... *sigh* It sickens me to think my tax dollars might be paying for this guy's attorney whose number one goal is to get him off with as little time as possible. It should sicken everyone else too! Annarbor.com staff - would be good to know if this is a court-appointed attorney or not.

Snarf Oscar Boondoggle

Mon, Mar 14, 2011 : 4:42 a.m.

ummmm, a collision like taht wold daze -even- you ... straight or not. give it a thought. oh, and yuo wouldn;t be "(like a coward)" wobbling aroujnd either, eh?

ILJ

Fri, Mar 11, 2011 : 3:59 a.m.

It makes absolutely no difference if this is a court-appointed attorney or if the defendant is paying for the attorney himself. The defendant is entitled to the assistance of an attorney when the govenment hauls him into court, period. I hope you're not implying that if tax dollars are paying Mr. Hugger, he shouldn't work too hard to defend his client. Because it sounds like that's what you're implying. I happen to know Mr. Hugger. And I'd guess that his "number one goal" is to see that this person accused of a horrific crime is treated as fairly as possible.

Old Salt

Thu, Mar 10, 2011 : 5:04 p.m.

When a peron has their drivers license suspended or revoked their vehicle should be impounded , also anyone who knowingly lets a person with no valid license drive their car shoud have their vehicle impounded too. There are hundreds of drivers with out a valid license on the roiad today. many involved in fatal accidents.

zip the cat

Thu, Mar 10, 2011 : 1:16 p.m.

Is this dude in jail or is he out driving around again?

Ignatz

Thu, Mar 10, 2011 : 12:36 p.m.

Kudos to Mr. Smith for getting involved.