Trial begins in 2004 vehicular homicide case

A Dayton, Tenn., man who could spend up to 12 years in prison for vehicular homicide faltered Tuesday as he testified against his “former best friend” who is standing trial for the same crime.

“I want to make things right,” Jeremiah Mann, 27, said in Hamilton County Criminal Court on the first day of Bachar Martin’s trial. “I want the truth to be known.”

Mr. Mann pleaded guilty to driving the Lincoln Navigator that struck another car and killed Dwight Brooks in 2004, but Mr. Martin, who was riding in the passenger seat, has been charged as well. Mr. Martin was the owner of the vehicle and allowed Mr. Mann to drive it while intoxicated, according to prosecutors.

Mr. Martin, also 27, is charged with vehicular homicide by driver intoxication and DUI by consent.

During direct examination by Assistant District Attorney Jay Woods, Mr. Mann told jurors that the defendant was “highly intoxicated” when the pair began their journey home with Mr. Martin behind the wheel after a day of drinking in Chattanooga.

It’s unclear what the men’s blood-alcohol levels were at the time of the accident, but toxicologists with the Tennessee Bureau of Investigation calculated them to be above the state intoxication level of 0.08.

“I told (Mr. Martin) he couldn’t drive,” Mr. Mann said. “I knew that I’d been drinking, but to me, I felt fine.”

Mr. Mann stuck to his story initially during cross examination by defense attorney Bill Pope. He then corrected himself by telling jurors Mr. Martin was the one who told him to drive the rest of the way home.

“What did (Mr. Martin) say specifically?” Mr. Pope asked.

“As far as I remember, he said ‘fine, you can drive,’” Mr. Mann said. “I don’t remember the exact words. It was like a Chinese fire drill.”

In opening statements the defense pointed out that it took Mr. Mann almost three years to plead guilty in the case, telling a number of people that the accident happened because he fell asleep at the wheel. At the time of the accident Mr. Mann had not slept in nearly 24 hours, he said.

Witness Tim Mickel also testified that at the accident scene he heard the phrase, “We just fell asleep.” Prosecutors eventually dismissed Mr. Mann’s drunken driving charge.

The defense will call its witnesses today, and the jury is expected to begin deliberating in the afternoon.

“I take responsibility for what I did, but (Mr. Martin) doesn’t,” Mr. Mann told jurors.