Day 2: Defense argues lack of evidence in 2016 double vehicular homicide trial

Day 2: Defense argues lack of evidence in 2016 double vehicular homicide trial

ALBANY, Ga. (WALB) - The trial for a woman charged in a double vehicular homicide continued Tuesday.

K’Mesha Holley was indicted for the two car crash that happened on Thanksgiving in 2016 after her 8-year-old daughter and an off duty Dougherty County officer were killed in the crash.

Alex Merrill, Holley’s attorney, called for several motions for the charges in this case and said the state has not been able to provide enough evidence for each of the six charges. Merrill argued that evidence did not prove that Holley was driving recklessly with no regard.

Prosecutors believe Holley was distracted while driving on County Line Road and ran a stop sign, causing the two deaths.

The state brought in eight witnesses before resting their case shortly before 4 p.m.

Earlier Tuesday, Holley was in tears as she looked at graphic pictures of her daughter A’Daesha Holley and Steve Davis, a Dougherty County police officer, who were killed in the crash.

Several first responders took the stand recalling what they said were horrific injuries caused by the crash on Country Line Road.

Prosecutors allege Holley was making a Facebook video when she ran a stop sign and crashed into Davis’ truck prior to it rolling several times.

Davis’ wife, Mary, was with him at the time of the crash and was one of many seriously injured.

“And I was knocked unconscious. And the next thing I knew when I woke up at the hospital several hours later and I don’t recall anything. I guess it’s God’s way of protecting me from the horrible loss of losing my husband,” said Mary.

Mary said she had a concussion, brain bleed, her face was shattered, her nose was broken and more from the crash. To this date, she said she’s still seeing a doctor for her injuries.

Assistant District Attorney Hal Moroz said Holley’s daughter and two sons were in her car at the time of the crash.

Holley sustained severe injuries and her son, Kendall, was paralyzed.

Prosecutors believe the evidence they provided Tuesday was enough to prove Holley was driving recklessly with her phone in her hand.

The defense argued that during the time of the crash, it was not against the law to have a phone in one’s hand in Georgia.

Judge Lockett said although he will have to review the serious injury by vehicle charge (Count 3) and the failure to exercise due care charge (Count 4), the other charges will stay the same.

Holley is charged with two counts of homicide by vehicle in first degree, failure to stop at stop sign and reckless driving.

Shonda Boyd, A’Daesha’s aunt, took the stand Tuesday, saying the family was heading to her home for the holidays and later said Holley was posting a video to Facebook at the time of the crash.

“Me and my mom was together and I told her that we need to get a copy of it before it disappears or they take it down. So I got my phone and recorded it from her phone,” said Boyd.

Jurors were able to see the video Boyd turned into police.

It showed Holley and her three children dancing and excited about Thanksgiving and after the crash occurred.

When that video was shown, you could hear a pin drop in the courtroom while many cried watching and hearing the impact of the crash.

Lockette ended the day by saying the jury will hear Counts 1 and 2, which are for first degree homicide by vehicle.

Steve Davis, a Dougherty County Police officer, was killed in a 2016 car crash off duty (Source: WALB)
Steve Davis, a Dougherty County Police officer, was killed in a 2016 car crash off duty (Source: WALB)
A'Daesha Holley was killed in a two car crash on Thanksgiving day in 2016 (Source: WALB)
A'Daesha Holley was killed in a two car crash on Thanksgiving day in 2016 (Source: WALB)

Lockette deferred Count 3, serious injury by vehicle, as the defense said the state didn’t present any medical proof to the jury that Kendall Holley, K’Mesha’s son, suffered spinal injuries.

Merrill said the state’s paramedic witness only gave an initial analysis of what she encountered of the victim. The paramedic said on the stand that she pinched Holley’s son and he did not react. Prosecutors then pointed to Kendall who was sitting in the courtroom in a wheelchair to show that he does indeed have some type of injury.

Lockette said he reserved Count 5, failure to exercise due care, to study the state law from 2016.

The trial continues:

Closing arguments are set to start Wednesday morning. Court will resume at 9:30 a.m. Lockette said he anticipates deliberations will begin Wednesday.

Defense attorneys will also tell Judge Lockette if they will present evidence in this case and have Holley testify.

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