ALBANY, Ga. (WALB) - A woman standing trial in a double vehicular homicide case was convicted on all but one charge, which the judge threw out, Wednesday in Dougherty County Superior Court.
K’Mesha Holley was found guilty of homicide by vehicle in the first degree, counts one and two, reckless driving, failure to exercise due care, and failure to stop at stop sign.
Count 3, serious injury by vehicle, was dropped by Judge Willie Lockette.
A sentence hearing will be scheduled at a later date. Holley was taken into custody Wednesday and will be behind bars until sentencing.
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.
Holley decided not to testify, and her attorneys will not present any evidence or witnesses in the trial.
The defense called for a motion on the charge and argued the amount of evidence the state presented was not enough.
The charge states: “...without malice , did cause bodily harm to Kendal Holley (K’Mesha’s son) by rendering his spine.”
On Tuesday, the state presented a witness from the Dougherty County EMS paramedic team. The witness said she responded to Holley’s son and he didn’t respond to a pinch of the lower half of his body.
The defense argued the witness was not a certified medical doctor. The defense also argued that the state did not present a medical doctor as an expert, no medical records were presented, and Holley’s son was not put on the stand to testify.
Lockette said what was presented is not enough to present to the jury and redacted the count.
If Holley had been found guilty on Count 3, she could have faced a minimum of one year to maximum of 15 years, Lockette said.
Holley’s family was heading to a Thanksgiving celebration at a family members house, and Davis and his wife was coming from one.
“It’s very sad. I lost my husband. It was a wreck that caused all of this and I lost my husband during it so it’s very sad because it was very dramatic,” said Mary Davis.
Jurors went into deliberation around noon Wednesday after hearing evidences of the case and jury selection for the last three days.
A verdict wasn’t reached until 4:00 p.m., as one juror had concerns about the time Holley would spend in prison if convicted.
That juror had to be excused and an alternate juror was brought in to decide the verdict.
Prosecutors said Holley was driving recklessly Thankgiving 2016, with her phone in her hand, making a Facebook video, with three children in her car.
The state said Holley ran a stop sign and collided with Dougherty County Officer, Steve Davis.
Davis’ wife sustained severe injuries and still seeks medical attention. She said she’s very happy with this verdict.
“Yes ma’am, I’m very happy with the verdict. It was ruled in our favor and we’ve waited a long time for this. Two in a half years,” said Davis.
Holley’s son Kendal Holley was also injured, and is paralyzed from the waist down.
JUDGE READING VERDICT
“Guilty of Homicide by a Vehicle in the first degree,” said Judge Willie Lockette.
It was the verdict the families of eight year old A’Daesha Holley and Dougherty County Police Officer, Steve Davis, were waiting for.
K’Mesha Holley was found guilty on two homicide counts for the 2016 crash that killed Holley’s daughter, and Officer Davis, and the charges didn’t stop there.
“Count 4, reckless driving, Gulity. Count 5, failure to exercise due care, guilty! Count 6, failure to stop at a stop sign, Guilty,” said Judge Lockette.
These charges were passed down after three days of constant tears filled this courtroom.
“You know what day it is? Yes! Thanksgiving tell everyone happy thanksgiving! Happy thanksgiving,” said K’Mesha Holley in the Facebook video.
Prosecutors said Holley posted the video to Facebook while driving in the car with her children.
“Started flashing that around. While you’re supposed to be driving. That’s reckless driving,” said Assistant DA, Hal Moroz, with Dougherty County Judicial Circuit.
This family laughing, smiling, having a good time excited for Thanksgiving Day, little did they know, for A’Daesha Holley, it would her last. And one of the last times her brother Kendal walked.
Holley’s attorney said this sudden tragedy wasn’t intentional, but just a family enjoying the moment.
"K’Mesha Holley and her family having a good time laughing smiling joking, it’s thanksgiving day,” said Alex Merrill, Holley’s attorney.
Prosecutors said this should be a fair warning to all, to put your phones down as it could end end in the lost of your loved one and others.
Dougherty county Superior court judge Willie Lockette says Holley could face a maximum of 33 years behind bars.
But a sentence hearing in the days to come will determine the exact sentence.
Holley was taken into custody Wednesday evening.