Woman charged with DWI death of child in Lexington gets bond reduced
The woman charged with the vehicular death of an 8-year-old child after striking a DOT truck on Fairview Drive in Lexington on June 21 has had her bond reduced by a Davidson County judge.
Amber Brooke Whitaker, 35, of Lexington was charged with felony death by vehicle, felony serious injury by vehicle and felony driving while impaired following an accident that killed one minor and seriously injured another.
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At the time these charges were filed, Whitaker was given a $500,000 secured bond but following a bond appeal to the Davidson County Court on Aug. 29, her bond was reduced to $75,000 secured bond.
According to Davidson County District Attorney Garry Frank, Whitaker’s lawyer filed a bond motion for the court to review the pretrial release requirements. He said the judge “used his discretion” to lower the bond after deciding Whitaker, who has remained in custody, was not a flight risk, which is the main purpose of designating bonds.
Bail—also referred to a bail bond—is the amount someone must pay to be released from jail under the promises they will return for all court cases connected to the criminal charges. A bail bond is usually around 10% of the total bail amount set by the court. When this amount is set, the defendant can pay bail in cash, property or a bail bond.
If someone pays the bond and the person attends court and meets all the judge's requirements, then bail refundable minus any fees set by the court.
Whitaker has a pending court case for the felony death by vehicle and other charges on Oct. 11.
According to the Lexington Police Department, at approximately 10 a.m. on June 21 officers responded to a traffic accident on Fairview Drive near Fairway Drive.
Upon arrival law enforcement observed a 2010 Pontiac G6 had struck the back of a North Carolina Department of Transportation truck that was stopped to remove storm debris. The NCDOT crew had one lane of travel blocked but were using flashing caution lights on their vehicles and a slow/stop sign to direct traffic through the work area.
As a result of the accident, four juveniles, ranging in age from 3 to 15 years old, sustained severe injuries. The occupant of the NCDOT truck was not injured.
On June 23, staff at Brenner Children's Hospital in Winston-Salem reported the 8-year-old victim, Jayden Rose Smith, had died from her injuries.
The 3-year-old victim is still in the hospital with severe spinal injuries and is reported to be paralyzed from the neck down and unable to breathe without assistance.
The two other children in the vehicle were not seriously injured in the accident.
Lexington Police reported that two of the victims, the 3- and 4-year-old, were the driver's children. Whitaker was babysitting the other two victims who were the children of a friend.
Initially Whitaker was only charged with driving while impaired before additional charges of death by vehicle and serious injury by vehicle a week later.
More: Driver killed in head-on collision with NCDOT dump truck on Highway 109 in Davidson County
During the investigation by law enforcement, it was determined Whitaker contributed to the crash by failing to reduce speed and careless and reckless driving.
According to an arrest warrant provided by the Davidson County Magistrates office, Whitaker had methadone in her system and was "visibly nodding off" and "leaning against things to keep her balance" while being questioned. She was also in possession of prescription medication.
The arrest warrant also included a witness statement saying Whitaker "almost ran over a pedestrian" and failed to stop at a stop sign prior to the accident.
General news reporter Sharon Myers can be reached at sharon.myers@the-dispatch.com. Follow her on Twitter @LexDispatchSM.
This article originally appeared on The Dispatch: Woman charged with DWI in death of child in Lexington gets bond reduced
