Athens woman testified how she was left in dark in vehicular homicide case
Susan Wilson took the witness stand Monday in an effort to show that she became a victim when her husband of 37 years was killed when the bicycle he was riding was hit by a motorist in March 2022.
The pair had a common-law marriage dating back to 1985 when she was 22 years old and he was 31. The state banned common law marriage in 1997, but those in such a relationship before that time remained in a legal bond.
But the Western Circuit District Attorney’s Office in its opposition to a Marsy’s Law complaint filed a motion that because the two were never officially married she could not legally contend she was a victim in the vehicular homicide case that resulted from Jones' death.
But Wilson, through her attorney Kevin Epps of Watkinsville, filed the Marsy’s Law complaint saying she was never informed in a timely fashion that the defendant, Luke Harrison Waldrop, 26, of Spartanburg County, S.C., was entering a plea on Sept. 21. Waldrop was living in Athens at the time of the deadly crash.
Judge Lawton Stephens heard evidence in Clarke County Superior Court and he ruled that District Attorney Deborah Gonzalez and her office had violated Marsy’s Law, which grants victims certain rights such as the right to a timely notice of court proceedings including a plea agreement.
Had she known about the plea, Wilson said she would have opposed the sentencing deal that was reached between prosecutors and defense attorney Robbie Ballard of Monroe, according to her testimony.
The felony vehicular homicide and a drunk-driving charges, which were based on a police investigation, were both dismissed by the district attorney. Waldrop entered a guilty plea to misdemeanor charges and was sentenced to 24 months on probation.
It was a sentence that appalled Susan Wilson and Jones’ sister who lives in Virginia, testimony showed.
Jones was killed while riding his bicycle home from a security job. The crash occurred about 11 p.m. along Tallassee Road.
Athens-Clarke police investigated and found that Jones was wearing a bright yellow riding outfit, he had bright LED lights on the front of the bike and blinking red LED lights on the rear. The straight section of road had street lights and there was a full moon in the sky, according to testimony.
A police officer who responded reported that Waldrop displayed signs of alcohol impairment and failed roadside sobriety tests. He was charged with DUI.
More: Judge rules DA's office violated Marsy's Law in vehicular homicide case
Wilson described her husband’s love of rock climbing, hiking, kayaking, bike riding and motorcycle restoration.
Jones, a native of Chattanooga, Tenn., had moved to Athens in the 1970s, then moved to Blacksburg, Va., where he became interested in building and riding bicycles. He became involved in caving and once traveled to Oman to map a cave system, according to Wilson. Returning to Athens, he became well known in the cycling community and completed a degree at the University of Georgia in comparative literature. Jones had expressed plans to ride his bike on the Continental Divide Trail.
On the day of Waldrop’s plea, Wilson said she was teaching a class when the DA’s office called. She couldn’t answer the phone and a message was not left.
Wilson later sent questions to the DA’s office making inquiries on why such a deal was made and why she wasn’t informed. At no time did anyone ever question her marital status with Jones, she testified.
Testimony shows that the Waldrop case was placed on the plea and trial calendar on Aug. 29, but neither Wilson nor Jones’ sister were notified of this fact until less than a hour before the plea. The DA’s office employs about nine people working in victim’s advocacy.
More: Two Marsy's Law complaints filed against Western Circuit District Attorney
Wilson testified she is “outraged by what happened” in the court system.
Testimony at the hearing also showed an unusual circumstance that occurred in the guilty plea.
The day before the plea, the assistant district attorney handling the case, Tab Hunter, resigned following an incident that occurred during a hearing before Judge Stephens.
Gonzalez testified that Hunter resigned after the hearing and that Hunter remarked upon leaving the courtroom that “I’m done.”
After Hunter quit, Gonzalez testified she went onto her personal Facebook to post how Hunter’s resignation occurred due to how he was treated by Stephens. She had described the judge’s conduct as “rude.”
The next day, Gonzalez handled the Waldrop plea in the absence of Hunter. However, she could not say who initiated the plea deal, which reduced the original charges to misdemeanors and was designed to keep Waldrop out of prison.
More: DA Deborah Gonzalez offers apology; Athens police seek warrants in Marsy's Law case
Gonzalez also testified that Hunter prepared the amended charges for the guilty plea. However, Epps said the accusation had to be corrected because it was worded wrong.
Epps told the court that the defense attorney, who provided case facts to the judge, gave “incorrect information” to the court.
Epps also pointed out that Waldrop was taken to a hospital, where a blood-alcohol test was conducted, but this evidence was never brought before the court because the DA’s office never subpoenaed the hospital for the medical records.
Robert Wilson, the assistant district attorney representing the DA’s office, told Stephens this was a “very serious, tragic case.” He contended the office did comply with the Marsy’s law.
He said the office notified Jones’ sister and while she objected to the sentence she didn’t ask for a delay in the sentencing.
However, Stephens ruled that Susan Wilson was legally married to Jones and was entitled to have been at the sentencing and given the opportunity to give a victim’s impact statement.
Consequently, the judge ruled the DA’s office had violated her rights as a victim.
“I don’t expect justice for Jim anymore,” the widow testified.
This article originally appeared on Athens Banner-Herald: Athens woman 'outraged' by handling of homicide case by DA's office
