McCravy

County Bank

Home | Facebook | Twitter
GwdToday | Greenwood, SC
News
• Greenwood
• Lakelands & beyond
• School
• Sports
• Lake Greenwood
• Church News
GwdMarket
• Featured Products
• Featured Services
• Featured Events
• Classifieds
• Employment
• Yard Sales
• Add Product/Service
• Add Classifieds
• Add Events

Kirks Pool
Crime Network
• Arrest Reports
• SC Sex Offenders
Community
• Special Occasions
• Letters to Editor
• Pet News
Obituaries
• Obituaries
• Notices

Mosquito Authority
Mr John Pizza
Mindfulness Meditation
YMCA Banner
All Temp Heating & Cooling


home : news : greenwood August 28, 2015

Carolina Health

Ninety Six Piggly Wiggly



Ewirelessgear Top HP



1/25/2014 1:56:00 AM
Andrews indicted on additional charges
17-year-old Darious Andrews appeared before Circuit Court Judge Frank Addy at the Greenwood County Courthouse earlier this month for a bond reduction hearing. Addy took the matter under advisement and yet to make a ruling.
+ click to enlarge

17-year-old Darious Andrews appeared before Circuit Court Judge Frank Addy at the Greenwood County Courthouse earlier this month for a bond reduction hearing. Addy took the matter under advisement and yet to make a ruling.

Darious Andrews, the Greenwood teen charged in the death of 21-year-old Alisha Boyter and her unborn child, was indicted on additional charges this week by a Greenwood County grand jury.

Andrews was indicted on two counts of reckless homicide in connection with the Sep. 28 deaths of Boyter and her unborn child. Andrews is already facing two counts of felony DUI resulting in death in connection with the incident.

Andrews appeared in court last week for a bond reduction hearing. Andrews’ bond was set at $150,000 cash or surety by a Greenwood County magistrate judge the day following the incident. During the hearing, prosecutors revealed Andrews had a blood-alcohol content of 0.0 immediately following the incident, though Andrews admitted to law enforcement officials he had been drinking alcohol earlier in the day. Andrews also told law enforcement officials he had smoked marijuana sometime the day of the incident, but did not disclose when during the day he smoked the marijuana.

A blood toxicology test performed by the State law Enforcement Division indicated there was marijuana in Andrews’ system, Eighth Circuit Solicitor David Stumbo told the court during the hearing. Stumbo told the court he would need to speak further with the SLED toxicologist to better understand what the toxicology results meant since he was unfamiliar with DUI cases where only marijuana was involved. Circuit Court Judge Frank Addy took the matter under advisement, stating he also needed additional information on DUI cases involving only marijuana. A decision on the matter is expected next week.

Section 56-5-2945 (A) of the S.C. Code of Laws states, in part, that “a person who, while under the influence of alcohol, drugs, or the combination of alcohol and drugs, drives a motor vehicle and when driving a motor vehicle does any act forbidden by law or neglects any duty imposed by law in the driving of the motor vehicle, which act or neglect proximately causes great bodily injury or death to a person other than himself, is guilty of the offense of felony driving under the influence.” The code of laws does not limit felony DUI to only alcohol; it provides for the charge to be applied when a person is under the influence of drugs, alcohol or a combination of the two.

Stumbo informed the court he would be seeking the two additional indictments for reckless homicide against Andrews during the hearing. Reckless homicide is not a lesser included offense of felony DUI. A jury can acquit a defendant of a particular charge, yet find them guilty of a lesser included offense. In Andrews’ case, a jury could not acquit him of the felony DUI and convict him of reckless homicide unless there are indictments.

According to Andrews’ indictments for felony DUI, he was travelling approximately 15 mph over the posted speed limit when his vehicle struck Boyter’s vehicle. Multiple eye witnesses also say Andrews ran through a red traffic light immediately before striking Boyter’s vehicle. The indictments for reckless homicide state Andrews was “driving and operating a motor vehicle in a reckless disregard for the safety of others” and “willfully and unlawfully caused said vehicle to collide with another vehicle” causing the death of Boyter and her unborn child.



Related Stories:
• Judge takes bond under advisement



Reader Comments

Posted: Monday, January 27, 2014
Article comment by: Talisa Turner

Omg! It doesn't matter what race the driver was! A woman and her unborn child were killed! Get off your high horse and quit worrying about race! Praying that this family finds justice! Whether he was only smoking or drinking, or both, he's still guilty!

Posted: Sunday, January 26, 2014
Article comment by: LaKeisha Smith

Knw nd to make dis out a big deal cause accidents happen & dis could of being a white man killing a black person & he wouldve gt away wit it wit no murder r manslaughter charge wat so eva.

Posted: Saturday, January 25, 2014
Article comment by: C EDWARDS

OMG .... 1 MIN THE PAPERS SAY HE HAD NO ALCOHOL IN SYSTEM AND HE ONLY SMOKED SOME WEED ... DO YOU GUYS REALLY KNOW WHAT IS GOING ON ? IS IT CUZ HE KILLED A COPS GIRLFRIEND / CHILD THAT IS NOT RIGHT . GET STUFF RIGHT BEFORE YOU PRINT IT

Posted: Saturday, January 25, 2014
Article comment by: Amy Andrews

THANK YOU, Greenwood Today, for clarifying that driving under the influence covers more than just alcohol! I hope the above explanation of the LAW was clear enough. Judging from some of the ignorant comments on the previous article, I have my doubts. Sadly, there will still be some who justify what he did by saying "he just smoked a little weed". My guess is if someone else had "smoked a little weed" and killed their family member and infant child in a horrific crash they would be singing a different tune!



Article Comment Submission Form
Please feel free to submit your comments.

Article comments are not posted immediately to the Web site. Each submission must be approved by the Web site editor, who may edit content for appropriateness. There may be a delay of 24-48 hours for any submission while the web site editor reviews and approves it.

Note: All information on this form is required. Your telephone number is for our use only, and will not be attached to your comment.
Submit an Article Comment
First Name:
Required
Last Name:
Required
Telephone:
Required
Email:
Required
Comment:
Required
Passcode:
Required
Anti-SPAM Passcode Click here to see a new mix of characters.
This is an anti-SPAM device. It is not case sensitive.
   


Advanced Search

















Greenwood Living
Home | Facebook | Twitter
GwdToday.com • 720 Montague Ave Suite 314 • Greenwood • SC • 29649 • News@GwdToday.com
Software © 1998-2015 1up! Software, All Rights Reserved