Monday, July 17, 2017

Teen pleads guilty in July 4 DUI death.


Correction: The post originally stated the BAC was 0.02.  The court documents actually state 0.02 or more.  

Peyton Horton pleaded guilty to two counts of Aggravated DUI in Rankin County Circuit Court on May 24.  Horton crashed his Jeep Wrangler on July 4, 2016, on Fannin Landing Circle.  One passenger was killed and two others were injured, as all passengers were ejected.  Horton will be sentenced on October 30.



Horton waived indictment.  Assistant Rankin-Madison District Attorney Marty Miller proceeded with a bill of information.  The Bill of Information charges Horton with one count of Aggravated DUI Death for the death of Cole Kirby and one count of Aggravated DUI Mayhem for the injuries suffered by Tyler Price.  The petition states he had a BAC of  0.02 or more and was 18 years old at the time of the wreck.

The Judgement of Conviction states that Horton is guilty of two counts of Aggravated DUI.  Attorneys Thomas Rich and Tommy Savant represented Horton.  The plea bargain recommends a twenty-year prison sentence but suspends fifteen years.  However, it does not recommend sending him to the custody of MDOC but instead places him for five years in the Rankin County Trusty Program and then be placed on supervised probation for five years.  The two sentences will run concurrently.  The case was assigned to Circuit Judge Steve Ratcliff. 



Rankin-Madison District Attorney Michael Guest said the families of the victims did not want to prosecute Horton.



33 comments:

Anonymous said...

0.02? I get that the law says zero tolerance if you're under 21, and I cannot imagine the grief of losing a child (and a friend) in a car wreck. However, 0.02 was not the cause here.

I give kudos to the Rankin County DA 95% of the time, but there's a difference between aggressive prosecution and overaggressive prosecution. This is ridiculous.

Hold My Beer said...

Ironically, had he not been drinking, same careless and reckless, same death and injury, his insurance would pay and he'd be free.

Anonymous said...

0.02 - Is that one beer for a 185 pound male?

Anonymous said...

Very sad for all families involved.

Kingfish said...

I have my own issues with a .02 BAC used to claim Agg. Dui in this case but this is what the people want. The media and politicians want zero tolerance for teen drinking and driving, regardless of what is actually scientifically possible. Not to mention the Federal Government leaned on the states to make this happen.

Anonymous said...

How much time elapsed between the wreck and the test?

Kingfish said...

Mississippi Supreme Court discussed this type of case in 1999.

Mason case

Anonymous said...

you cannot be sentenced to a "trusty program". now the parties may be agreeing that he can spend his time in county custody as a trusty, but the judge has no power to order that.

this kid is getting a huge break, probably because of the .02 and the victims ok

Kingfish said...

Just reporting what is in the file.

Anonymous said...

@ July 17, 2017 at 9:45 AM

See that's where the problem begins. You want them to go balls to the wall for one criminal act and then go soft for others. You can't have it both ways.

I give them credit for being consistently tough on any violations of the law.

What is good for the goose, is good for the gander.

Anonymous said...

The plea says .02% OR MORE. That's the floor for that charge, so that's why it's written that way. It's underage drinking. Now, perhaps somewhere in the gobbledygook it states he ONLY had .02 but I didn't see it, nor would that be normal in most pleas or informations. He was impaired and an inexperienced driver. One kid is dead. Others seriously injured. I have no sympathy for anyone driving and drinking, or using weed or dope. No one has to drink and drive, ever. Tyler's DEAD. The parents and brother will live with this forever. Over 10,000 people die in DUI deaths each year. Needlessly. Don't try to rationalize it or defend it. Spare us the hypocrisy.

Anonymous said...

0.02 "or more" is indicative of "or more". This is due to the teenage driver and the lessened sentence. Go back to the news reports of the time and read what was reported as the history leading up to this wreck - memory serves me as friendgirl was driving because they had been drinking beer all afternoon. But he was only driving the short distance from her home to his when wreck happened.

Anonymous said...

We have everything SO backward. It should be zero tolerance for ADULTS, not KIDS. The ones who OUGHT to know better. Kids don't always make good decisions....BECAUSE they are kids. There is absolutely NOTHING to be gained by sending a kid to prison for doing what almost ALL kids do. That kind of punishment needs to be reserved for the ones who intentionally set out to cause harm. (And,we ALL know, if this kid's BAChad been "or more", the exact amount of that "or more" would have been made public...cause that's what we DO.)

Anonymous said...

All kids kill their friends, got it

Anonymous said...

@12:54 stop being such a jackass. He accidentally killed his best fiend, and he will be scarred because of this for he rest of the life. We're talking about a 17 year old--don't be such a dick

Anonymous said...

@1:43. Every kid knows not to drink and drive. Every kid feels compelled to break the law and drink. Some kids that drink, think they can handle a car. Some kids that drive drunk get into car wrecks. Some kids in car wrecks kill their passengers.


Though nobody starts out the day planning to get drunk, drive, flip a keep and kill their friend....such outcomes are the result of poor judgment. And the rip is that kids from 15-55 make the same sequence of decisions.

Don't give us the "he's 17 and scarred for life". There's dead people that will vote for democrats for the next 50 years involved here.


Screw the kid....he's lucky he isn't getting assraped in prison where he should be.

Anonymous said...

kingfish at 10:12 says "THIS IS WHAT THE PEOPLE WANT" and he's right. if this irks you i would move to another country.

Anonymous said...

I have no sympathy for this kid. He knew right from wrong, decided to drink and drive anyway, and deserves to live forever with the horror of what he did. He is getting a mere slap on the wrist for his crimes. Let him be a shining example to other underage drinker drivers and neglectful parents who fail to monitor or teach their children about the consequences of stupidity.

I actually saw these kids on Lakeland Drive on that day before the crash. They were speeding, weaving in and out of traffic, hanging their legs out of the vehicle, taking selfies, and acting like they were high as kites. I really wasn't surprised the next day to learn of the wreck. So sad and so easily preventable.

Anonymous said...

2:25 if you really saw them the day before in Flowood
driving as you say " high as kites" why didn't you do your civic
duty and find one of the numerous Flowood PD that are all over
Lakeland and report them ? Maybe if you had you could have prevented this tragedy!

Anonymous said...

'This is what the people want'? Citation please.

The people didn't set this stupid 'one beer' law. The legislature did - as a means of requiring license suspension and program attendance for any teen who popped one top.

Anonymous said...

Maybe I am misreading many of the comments here - sounds like people think this is a 'tough' sentence along the normal way of DA Guest. But to me it appears that in this instance he is letting the perp get off light - five years for a DUI Homicide? And served in Rankin County as a trustee? Hell, I recognize he is a juvie, but who gets 5 years for a homicide? And who gets to serve a felony in a county lockup? Looks to me like my favorite DA (and I mean that sincerely) has taken up light on this case for some reason.

Certainly can't understand those commenting here that the sentence might be too harsh. What the hell would y'all do, let him off with a slap on the wrist and counseling?

Anonymous said...

to 3:05, since you apparently flunked 7th grade civics, you need to understand that the legislature reflects the will of the people . and I've practiced criminal law for 30 years and there is no such thing as a "one beer" law. you need to turn off fox news and try out a middle school civics book.

Anonymous said...

2:52: I'm 2:25 and I do wish I had called the Flowood police. Maybe the hundreds of other motorists who saw them that afternoon also regret not getting involved. I have vowed that the next time I see such a scenario, I will immediately notify law enforcement and try to provide a license tag number. What do you plan to do, 2:52?

Anonymous said...

It is indeed a 'one beer law'. Ask any of a thousand kids who have been caught after popping one top, blew 0.01 and spent two weeks in evening drunk class.

Will of the people, you say. TELL IT TO THE MAJORITY WHO WANT STATE FLAGS FLOWN.

Let's skip over your self serving appeal to authority.

Anonymous said...

Thanks for the update on this, KF. So many accidents, incidents, crimes, and etc happen, are a flash in the news and no one ever reports on the follow up. I am always curious of the outcome of so many of these tragedies but it is rare to ever see them reported.

Anonymous said...

7:59am apparently gets his legal advise from "kids". how smart can he be?

Anonymous said...

I hope none of you have ever had one beer with dinner. That will put you at a 0.02 BAC. If you happen to wreck after having that one beer with dinner, the commenters on here will assume it was because you were "drunk" off of one beer and will demand your head. Hey, it's "what the people want."

Anonymous said...

.02 is well within the margin of error for testing.

Anonymous said...

6:26, go back under your rock and don't post again until you know what you are talking about. By your theory, could an adult get a DUI with an actual .06 and it hold up in court with a good attorney? Or someone who registered .10 get off? The testing does not have a .02 MOE, if they did they wouldn't be allowed as evidence.

Anonymous said...

The 'one beer law' only applies to minors. If they are stopped and blow anything that registers, their license is suspended and 'drunk class' is required. After that, there can be expungement. Ask any cop, judge or DUI attorney.

This boy was guilty of DUI homicide because of two things: A death and his age. Had he been 21, the charge would have been different. By state law he was DUI @ 0.02. Ask any prosecutor. But don't ask some clown who wants to tell you how long he's practiced law.

'One Mug Law' said...

http://dui.drivinglaws.org/resources/dui-and-dwi/dui-laws-state/mississippi-underage-dui.htm

Anonymous said...

is the one beer law otherwise known as the zero tolerance for minors in the implied consent law???

Anonymous said...

As far as I'm concerned, if you get into the car with someone who has been drinking and an accident happens and you get hurt, you shouldn't get to call foul. You took a chance and lost. How is it the drunk's fault that you got into the car with him? And if everybody in the car has been drinking together, it is not all on the driver because every one of them is impaired.



Recent Comments

Search Jackson Jambalaya

Subscribe to JJ's Youtube channel

Archives

Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.