Grand jury to decide if auto crash was homicide

A Whitley County Grand Jury is being asked to decide whether a traffic accident along I-75 near the state line last year was an accident, or a case of homicide, and a wrongful death lawsuit has already been filed in the case.
On Sept. 28, Vincent Monroe Garris was on the right shoulder or emergency lane of southbound I-75 pushing a disabled vehicle near a lane of traffic that was closed due to construction.
A commercial vehicle driven by Bruce A. Goforth, 40, of Tennessee, began merging where the lane re-opened, and struck Garris and his vehicle, according to reports prepared by KSP Trooper Parish Baker, who is an accident reconstructionist.
“The commercial vehicle left the scene and was later located in Jellico, Tenn. The operator was cited by Kentucky State Trooper Mark Allen for leaving the scene of an accident,” KSP Trooper John Root, who is public affairs officer at the London post, wrote in a press release.
Commonwealth’s Attorney Allen Trimble confirmed that Baker presented evidence concerning the case to the grand jury Monday morning.
“It was a traffic accident where a person was killed. He presented all the various evidence in it. He also submitted the toxicology reports on the driver,” Trimble said. “It will be up to the grand jury as to whether or not they believe it was a homicide or not.”
Whitley County Sheriff Lawrence Hodge said Monday morning, prior to learning about the case being presented to the grand jury, that he planned to obtain an arrest warrant charging Goforth with driving while under the influence of drugs.
“We got his blood results back, and he came back being under the influence of methamphetamine,” Hodge said.
Whitley County Chief Deputy Coroner Jerry Croley, who pronounced Garris dead at the scene, noted that at the time of the wreck that Garris was in the emergency lane completely off the road.
Garris’ estate filed a wrongful death lawsuit Dec. 15 in Whitley Circuit Court against Goforth and R.A. Wagner Trucking Company Inc., which owned the truck and employed Goforth, the lawsuit noted.
“As Bruce Goforth was travelling southbound on I-75, he suddenly veered into the shoulder area/emergency lane and struck Vincent Garris and the vehicle owned by Vincent Garris. The impact caused the death of Vincent Garris and severe property damage. After the impact, defendant, Bruce Goforth, failed to stop and traveled into Tennessee in an attempt to flee from the collision,” the lawsuit stated. “After the impact, defendant, Bruce Goforth, failed to render aid to Vincent Garris.”
“The defendant, Bruce Goforth, acted maliciously and with wanton disregard for the rights of the decedent by operating his commercial vehicle while under the influence or impaired,” attorney Paul Croley wrote in the lawsuit. “Said conduct was the proximate cause and/or played a substantial factor in causing the wrongful death of Vincent Monroe Garris.”
Paul Croley also alleges in the lawsuit that R.A. Wagner Trucking “acted maliciously and with wanton disregard of the rights of the decedent by hiring, retaining and failing to properly supervise Bruce Goforth after having been put on notice that Bruce Goforth was an ‘at risk’ driver who had an egregious driving record and was an illegal substance abuser that would pose an unsafe and unreasonable risk to other drivers.”
The lawsuit asks for compensation and reimbursement for Garris funeral expenses, and for the property damage, storage, and towing fees for the Garris vehicle, in addition to punitive damages, attorney fees and other proper relief.
In their answer to the complaint, R.A. Wagner Trucking and Goforth deny the allegations set forth in the lawsuit.
R.A. Wagner Trucking Company and Goforth filed notice on Jan. 17 that they were having the case removed from Whitley Circuit Court. The case was transferred to the U.S. District Court for the Eastern District of Kentucky in London.
Goforth pleaded not guilty to the leaving the scene of an accident charge during his arraignment Jan. 25 in Whitley District Court. He is scheduled to appear back in district court on Feb. 13, which is the same day the grand jury is expected to issue its report in Whitley Circuit Court.
According to a toxicology report in the case issued on October 6, no alcohol was found in Goforth’s blood, but the blood sample was forwarded to the Central Forensic Laboratory for further analysis as to the drug content. No further toxicology reports have been entered in the district court case file.