6 charges dropped in fatal accident
Four summary charges remain in Bedford case after judge dismisses felonies
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From Mirror staff reports
All felony and misdemeanor charges filed against a Delaware man involved in a 2022 fatal accident in Bedford County have been dismissed after the defense filed a Petition for Writ of Habeas Corpus, contending the evidence didn't support the charges.
According to the affidavit of probable cause, Jeffrey Drue Miles Jr., 38, was driving about 20 miles an hour over the posted 55 mph speed limit when his Toyota Highlander struck a Pontiac G6 head-on about 7 p.m. Feb. 26, 2022, on Route 220 south of Bedford.
Killed in the crash was 17-year-old Karisma Bethany Dell of Williamsburg, who was driving the Pontiac. A passenger in her vehicle suffered severe injuries and was flown from the scene, police reported.
After an investigation into the accident, state police filed charges against Miles, who was listed as living in State College at the time.
Miles was arraigned March 20 on charges of involuntary manslaughter, a felony count of homicide by vehicle, two felony counts of aggravated assault by vehicle, two misdemeanor counts of recklessly endangering another person, a summary count of careless driving - unintentional death, a summary count of careless driving - serious bodily injury, a summary count of reckless driving and a summary count of exceeding the maximum speed limit by 20 mph. He posted 10% of $50,000 bail and was released from the Bedford County Correctional Facility on March 20, according to court documents.
On May 10, all of the charges were bound over for court, but during a motions hearing on Nov. 13, the most serious charges were dismissed. The summary charges of careless driving - unintentional death, careless driving - serious bodily injury, reckless driving and exceeding the speed limit by 20 mph were held for court.
The dismissal of the major charges comes after Bedford County President Judge Travis W. Livengood found the commonwealth's evidence insufficient to support them.
During the investigation into the crash, Miles told police he attempted to pass a slower moving vehicle but the other vehicle increased its speed.
Miles said he could see the Pontiac approaching and realized he might not be able to pass and applied his brakes before the collision occurred.
Through a search warrant on the vehicles, police found that Miles' vehicle was going 78 mph five seconds before the crash, while Dell's vehicle was going 64 mph five seconds before the crash, the decision states.
Miles applied hard braking that dropped his speed to 49 to 55 mph at the point of impact. In addition, the trooper testified that he filed the charges based on the combination of passing and speed but conceded that the crash occurred in a legal passing zone.
Livingood said because Miles slowed his vehicle and did not lose control, there is insufficient evidence to sustain the elements of recklessness and gross negligence.
"We stress that our decision is founded upon our solemn duty to interpret and apply the law, and does not change the tragic loss of life and serious injuries sustained by the victims," Livengood wrote. "Nor does our decision here necessarily relieve (Miles) of liability for the accident."
Miles "may be ultimately found to be at fault and he may have been negligent in doing so," Livengood states, however "the evidence must demonstrate more before recklessness or gross negligence can be found."