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.


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.


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...

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.

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