Judge rejects charge against Georgia lawmaker in hit-and-run

A justice dismissed a complaint Tuesday against a Georgia authorities lawmaker, saying his nonaccomplishment to telephone 911 erstwhile a person called him astir a fatal wreck is not a crime.

Polk County Superior Court Senior Judge Stephen Schuster ruled Rep. Trey Kelley could not beryllium charged with reckless behaviour due to the fact that prosecutors did not assertion the Cedartown Republican had committed an underlying crime.

“No speechmaking of either the deed and tally statute oregon the reckless behaviour statute leaves a tenable idiosyncratic with the content that a disinterested 3rd party, not contiguous for an automobile accident, who aboriginal learns of the purported mishap is nether a ineligible work pursuant to the reckless behaviour statute to instantly interaction 911,” Schuster wrote.

Ralph “Ryan” Dover III deed Eric Keais connected Sept. 13, 2019, successful Cedartown with his SUV. Instead of calling 911, helium called his friend, Kelley, officials person said. Kelley successful crook called Cedartown Police Chief Jamie Newsome astatine home, according to authorities. An serviceman was sent to the area, unaware idiosyncratic whitethorn person been injured, and yet recovered Keais lying successful a ditch, gravely wounded. Keais died from his injuries soon afterward.

Kelley, who represents each of Polk and parts of Floyd and Haralson counties, was indicted past twelvemonth connected a complaint of reckless conduct, alleging helium wrongly did not study the crash. Dover was indicted connected charges of felony hit-and-run and reckless conduct.

Schuster said prosecutors were impermissibly stretching the instrumentality to make a “judicially crafted crime” by combining immoderate elements of the hit-and-run law, adjacent though Kelley was not charged with that offense, with the reckless behaviour law.

“The deed and tally statute does not use to Kelley due to the fact that helium was not the operator of the conveyance progressive successful the accident, successful the conveyance oregon astatine the country astatine the clip of the accident,” Schuster wrote. “The instrumentality imposes nary work upon Kelley to interaction instrumentality enforcement.”

The charges against Dover inactive stand. There’s besides a federal suit filed by Eric Keais’ father, Manfred Keais, seeking wealth damages from Dover, Kelley, Newsome and the metropolis of Cedartown. The defendants contradict wrongdoing and are currently trying to get the lawsuit dismissed.

Kelley’s lawyer, Lester Tate, said successful a connection that the ruling is “long-awaited vindication of the information that Trey Kelley did thing wrong.”

“We would first, again, connection our condolences and prayers to the household and friends of Eric Keais who tragically mislaid his beingness successful September of 2019,” Tate said. “But we person ever said and ever believed that Rep. Kelley broke nary instrumentality that night. He was not successful the car erstwhile Mr. Keais was progressive successful the mishap and did not cognize what had been deed erstwhile helium arrived astatine the scene.”

Kelley this twelvemonth stepped down from his station arsenic House bulk whip aft helium was indicted and his woman filed for divorce.

A lawyer for Manfred Keais did not instantly respond to an email seeking comment.