Attorney Says Police Did Not Have Probable Cause To Put Truck Driver Who Caused Horrific Ooltewah Wreck Into Back Of Patrol Car

Thursday, April 20, 2017

A defense attorney said Thursday that police did not have probable cause to place a truck driver who had just caused a horrific wreck into the back of a patrol car along with his female companion.

Erinn O'Leary said Benjamin Brewer and Charity Pennington were not allowed to leave the patrol car and were detained for several hours before finally being sent on their way back to Kentucky.

Six people died in the June 2015 crash near the Ooltewah exit of I-75.

District Attorney Neal Pinkston disagreed in a hearing before Criminal Court Judge Don Poole. He said, "There was more than probable cause. Six people had been killed and a number of others injured. There was a very large scene of carnage with people screaming."

Brewer, who is facing multiple counts of vehicular homicide, is set to go to trial on June 17.

Police took blood from Brewer and got a recorded statement from him prior to asking him where he wanted to be let off. He asked to go to a Pilot station by I-75 in Bradley County. However, the officer driving him there was asked to check the purse of Ms. Pennington so he pulled over at a Raceway near the wreck scene.

Brewer became upset, saying at one point, "This is a joke."

He then said they would just get out at the Raceway.

Brewer was on the lam for some time afterward and was placed on the TBI's 10 Most Wanted List.

Several patrol car videos were shown at the hearing, including one that showed Brewer and Ms. Pennington asleep several hours after the incident.

In another, Ms. Pennington is by herself breathing heavily and trying several times to get the door of the patrol car open.

She was not charged in the case.

The wreck happened at 7:09 p.m. and the officer left the police station on Amnicola Highway with the pair at 12:45 a.m.

Brewer is represented by three members of the public defender's office - Ms. O'Leary, Mike Little and Jay Underwood.

 



Walker County Arrest Report For Jan. 15-21

Here is the Walker County arrest report for Jan. 15-21: WALKER       JONATHAN  PHILLIP         W/M    41        LPD    SIMPLE BATTERY-FVA , HINDERING PERSONS MAKING 911 CALL JOHNSON     JOSHUA        ... (click for more)

Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: ARWOOD, ALEXANDER MARSHAL  434 DALEMONT LANE HIXSON, 37343  Age at Arrest: 40 years old Arresting Agency: Hamilton County FUGITIVE (FORT OGLETHORPE GA) --- BENNETT, SANDRA S  3 SENSET DR CLEVELAND, 37312  Age at Arrest: 44 years old Arresting Agency: East Ridge FAILURE TO APPEAR ... (click for more)

DACA Or Amnesty To Become The Majority?

As we have the political drama that we see in D.C. let’s be honest about what DACA is all about. We understand as the liberal policies of abortion, dependency on the government and an anti-American globalist / progressive agenda that many have come to realize these policies no longer represent their core beliefs and have left a certain party. Without an influx of new dependency ... (click for more)

Roy Exum: Rebranding & ‘Culture’

My grandfather, who ran several very successful businesses, was a very astute fellow. I can’t tell you how many times he said, “The worst thing any salesman who calls on a business can say is, ‘I am here to save you some money.’ That’s not true -- In every instance they are in front of you hoping to make some money for themselves, else they would have never come by.” Another ... (click for more)

Unbeaten Mississippi State Too Tough For Lady Vols

KNOXVILLE --  A tough week for the Tennessee Lady Vol basketball team got just a little bit tougher on Sunday afternoon here at Thompson-Boling Arena. With the season’s largest crowd of 13,436 fans and a national television audience watching, the sixth-ranked Lady Vols were hoping to get a little redemption after blowing a big lead and losing at fifth-ranked Notre Dame on ... (click for more)

Heights Boys, Girls Team Post Solid Victories On Saturday

Hamilton Heights’ girls defeated host Mercy Academy in a cakewalk, 75-35, to wrap up their impressive effort in the Raatz/O’Shea’s Classic in Louisville, Kentucky. The Lady Hawks (18-2) were led by Elizabeth Balogun’s 19 points and Treasure Hunt added 16 points. Esmery Martinez had 14 points and 10 rebounds and Kamilla Cardosa scored 14 points and grabbed 10 rebounds. Jazmine ... (click for more)