The mother of an Ole Miss student who was run over by a "womped-out" driver in Oxford Square is speaking out after he got what she considered to be a slap on the wrist in Oxford Municipal Court.
Samuel Welborn, a 20 year-old student from Brandon, ran over three fellow students the evening of August 23 in Oxford. Welborn was inhaling nitrous oxide from whippet cans as he drove his Tacoma truck through Oxford Square. Welborn drove off the road, hit the students on the sidewalk, and crashed into a utility box.
Police found used whippet cans in the truck and charged him with DUI and having false identification. Oxford police arrested him a week later for another DUI after he crashed into several cars at an apartment complex. However, Welborn received what can only be described as Oxford justice .
Welborn pleaded guilty to the DUI a month later and had to pay a $1,000 fine. City Prosecutor Jay Chain dropped the false ID charge. To say the families of the victims were outraged is an understatement .
One victim's mother, Samantha Williams, posted her thoughts on Facebook Friday:
This is a long post. Please read and please share. If the justice system will not do its job, then maybe the court of public appeal will help.On Sunday, August 24 around 8:10 PM, the day before classes started at Ole Miss, my daughter xxxxx and two of her friends were hit by a truck while they were walking on a sidewalk in Oxford, Mississippi. They did everything right. They waited at the crosswalk for the walk signal, crossed the road, stepped back onto the sidewalk to continue walking, and were hit from behind. They never saw the truck coming. By the grace of God they survived. I still do not know how they all survived but they did and for that I am forever grateful.Xxxxx sustained a brain injury, a fractured nose, a gash in her face that required stitches, injuries to her lower back and tailbone where the truck hit her, road rash, bruises, and more. The brain injury kept her out of class for over three weeks because of nausea, balance issues, and problems walking. After multiple ER visits and multiple appointments with various specialists xxxxx is still being treated for what happened that night.The other victims also suffered many injuries. In addition to concussions, bruises, and road rash there was a broken foot, a dislocated jaw, and other injuries. They too have had ongoing doctors appointments and missed classes.Meanwhile the driver was out of jail almost immediately and was allegedly seen drinking at a bar the next day.The driver, Samuel Welborn from Brandon, Mississippi, was inhaling a Whip-It canister while he was driving. Video shows the can falling out of his truck when he got out. Much to my shock he was only charged with a first offense DUI. His case was pushed through the system and closed four weeks after the accident. FOUR! The families were not notified of the hearing and the investigation was not even complete when the case was closed.During those four weeks the other parents and I were in contact with the Oxford Police Department (OPD). I repeatedly contacted OPD asking for corrections to be made to the accident report because the report contained inaccurate information about the victims and their injuries. Xxxxx’s birthdate was not even correct. I called the lead detective multiple times and asked for additional charges to be brought against Samuel Welborn. Each time I was told to contact Honey Ussery, the Assistant District Attorney. I called more times than I can count, left message after message. To this day, Honey Ussery has never returned a single call. To say I am disappointed in the legal system is an understatement.To make matters even worse, six days after hitting Xxxxxx and her friends, on August 30, Samuel Welborn was arrested for another “first offense” DUI and for leaving the scene of an accident after hitting three parked cars at the Archive Apartments at 5:33 in the morning.What is it going to take for the justice system to do its job? What is it going to take for Samuel Welborn’s parents to step up and get him help before he kills someone? Why is it so hard to get accurate information on a police report? Why were the victims never notified of the court date? Don’t victim’s have rights? Why was a pedestrian crash involving nitrous oxide expedited and closed in four weeks? Why were charges not upgraded and/or added? Why did the city take the position that a simple DUI carries more weight than nearly killing three students?Attached is an article from Jackson Jambalaya that explains more about what happened and how this case was handled. I am grateful they took the time to investigate and shine a light on the accident. I will post another video of the accident below. The videos are very difficult to watch so please be warned, they could be triggering.I’m asking for your help. Please read. Please share. Please speak up.If the justice system will not protect our children, then we have to hold the system accountable ourselves. Oxford must do better!
This is so hard to relive and this video had me so distraught as it’s the only one I had not seen, or worse, heard.Knowing my youngest child was under the back tire upon impact yet also knowing that utility box he hit, that stopped him on his tracks, saved her life. Although the emotions I’m feeling as a mother are hard to put into words, these three kids….(pause) and what they continue to endure is unimaginable for most all of us. My middle daughter also deals with the tragic memories as she ran to the awful scene barefoot to get to her sister while we were on the phone two hours away…not knowing what she would find. She’s a hero! We are thankful to Jesus that their lives were spared and are all OK!! That’s what our family clings to and we all just don’t want this happening to anyone else. Thank you, Samantha, for bringing awareness.
Earlier post with video and police reports.
Kingfish note: Remember the "bleaching" of an indictment in another case? JJ reported in May 2024:
An Ole Miss student got a sweet deal even though he burned out a fraternity pledge's esophagus by pouring bleach down his throat.
University police arrested Jimmy Higgins in 2020 for the hazing of Pike pledge Robert McGehee and charged him with aggravated assault. A Lafayette County grand jury indicted Higgins for the same charge in 2021. The case just sat on the docket until April 4 when Assistant District Attorney Steve Jubra filed an agreed motion and order to reduce charges (posted below).
The motion states the indictment for aggravated assault is reduced to a misdemeanor charge of hazing as Higgins received the non-adjudication treatment. Circuit Judge Kent Smith sentenced the defendant to serve six months in jail but suspended the sentence although he fined him $283.25. Higgins must also pay $200 in court costs.
If Higgins behaves, the conviction will be expunged after six months.
The victim's mother, Robyn Yerger, did not know about the plea bargain until this correspondent called her yesterday for a comment. She said no one from the District Attorney's office notified her family of the adjudication.
Earlier post. There is also the Sheldon Alston case, the Kirk case, and a few others up there that had um, questionable resolutions.
35 comments:
Sounds like "who you know" justice. Prosecutorial decisions like this undermines the belief that there should be at least some semblance of fairness in the criminal justice system-both for the accused and the victim.
Apparently, you can buy your way out of trouble in Lafayette County...who knew?
The Oxford is doomed.
To all new parents, say YES to anything your kid asks for and this is what will run amuck later in life. Saying No and exerting control, chances are decreased.
Maybe Kiffin left to get away from the shitty people and the crooked bureaucracy instead of for a few more dollars.
Poor man gets prison rich man pays a fine Good ole boy system
I agree
This is a difficult example of why there should not be a bar on that corner. It will happen again. There are numerous students and patrons crossing traffic in and around that intersection. Prior to its approval to locate a bar there, foot traffic was minimal. Now it's voluminous, increasing the risk of accidents by distracted or inebriated drivers. The Board of Aldermen, Planning Commission, Square Preservation Commission should all be ashamed of themselves. This isn't preservation, its putting a 250-person bar establishment at the busiest intersection in Oxford realizing students will be walking in and out of the area during the night hours, putting their lives at risk. Making it all worse is the situation involving a lack of communication with the victims, giving them no voice in the punishment or handling of the perpetrator. Oxford has to be better than this.
This only encourages this behavior
This is why I no longer trust the justice system
I would think this would all fall on the city prosecutor, notwithstanding his efforts to punt it over to the DA's office.
Since it happened in the city, I think any additional charges would have to start with the city prosecutor, unless there is some kind of concurrent jurisdiction agreement between the city and county.
Also, I believe the District Attorney for that district is Ben Creekmore. Honey Ussery is merely an ADA. Creekmore would be the one to make the call on it, I would think.
It's been a long time since I've practiced criminal law, so maybe someone can comment who knows more than I.
To make it clear he didn’t get off because he’s white. He got off because he’s white and rich. No poor white man would had gotten this deal
No Creekmore would ever get/give a pass because of family $, right?
followup: I see Jay Chain is also the county attorney, which means he should also be the justice court prosecutor. Felonies typically start in justice court, until they are bound over to the grand jury. Then the DA steps in.
As both city prosecutor and county attorney, I think all charges (whether misdemeanor or felony), would have to start with Mr. Chain.
Crooked politicians are celebrated in Louisiana
The plantation’s culture is predictable and has been unchanged for years.
Samuel will be enrolled at Millsaps soon, thats where they usually wind up when removed from OM…
It's either who you know or who you blow.
Just out of curiosity, has anyone discussed this matter with Roundabout Robyn?
The young man only hit 3 people with his vehicle while driving impaired. I think you have to hit 4 or more enrolled students before it becomes a felony! Junior will be in the headlines very soon I hope it’s not vehicular homicide, then we can blame Oxford PD and the DA for not protecting the public.
It's probably more like what you know, on who you know.
Oxford is a shit show, and everyone knows it....even the one's who are part of its stink. Looking at you Mayor.
@2:41 Nothing to do with a bar on the corner - none of the parties were at the bar! That’s confirmed. Traffic is anywhere and everywhere on the square. Shut down vehicle traffic on the square instead!! Earlier in this first thread it says the owner of said bar was first on the scene administering assistance and praying over all the kids. Also, OPD has had police presence on that corner ever since the incident. Make the square for pedestrians only after dark!
The donk truck huffer probably violates various traffic laws on the regualr, not seeing how anything less than bollards and jersey barriers would have stopped him.
Another example of it being a Legal system and not a Justice system.
Meet the guy who ran over you at bar and ....
1:48 PM proves yet again that there’s always going to be a jealous State fan unable to resist relating everything on earth (including injustices) to college athletics.
All poors are equal, black, white, yellow, red. But poors they are not equal to their betters. Learn your places in society, accept it, and be happier. Be glad you get to poor in America and now Somalia.
People commenting this kid's got money or his family has it. I've been around Rankin County my entire life, know the have money crowd well, and have no idea who this kid and his family are. I don't think that is the care. In fact, the pictures I have seen of him, he looks like trailer trash.
Because the bar is responsible for all pedestrians and a dumbass doing whip-its while driving. Makes sense. I bet I can guess @2:41's position on gun control based on that opinion.
For those who don't know, the AG's office has a Public Integrity Division that is supposed to investigate and take appropriate action when law enforcement and DAs don't do their jobs. Since AG Fitch does not prosecute political cronies and campaign donors, that may not help for this case. It should still be reported so that when she inevitably fails to act, there is good reason to take it to the Federal justice department.
The families should also file a complaint against the judge that signed off on this travesty with the Judicial Review Board. While filing complaints, they should also file a complaint against ADA Ussery with the MS Bar Association. While The Bar's primary function is to protect its members, they do, from time to time, punish members for clear ethical failures.
if you want to file a judicial complaint it must go to the mississippi committee on judicial performance. there is no such thing as the ''judicial review board'''.
Duly noted. Thank you for the correction!
I certainly don't condone what this kid did by any means and hate that these other kids got hurt, but the ADA did his/her job. Under MS's DUI statute (63-11-30), the drunk/high kid got the maximum sentence and fine. Under the statute, the penalty(ies) for DUI is a maximum fine of no more than $1000 fine and a suspended license, and that's what this stupid kid got. The ADA's hands were tied as he/she couldn't ask for more.
Some might ask why he wasn't charged with aggravated DUI, but under the statute, there has to be a death or permanent disfigurement, etc. I can only assume there were no permanent or disfiguring injuries to the unfortunate ones who got hit, so it would have been harder, if not impossible, to prevail, on such a charge.
As for the second DUI a week later, first and foremost what an idiot. This kid definitely has problems and needs treatment. But the reason he was only charged with first offense DUI in that matter was because he hadn't pled guilty to or been convicted of the first DUI yet, so technically this was a first DUI. But now that he has been convicted of the first, this second charge will likely be upgraded to a second offense DUI, and he will likely receive a with a higher penalty.
Please don't get me wrong. I wish this kid could and would have been punished much, much more. But the statute wouldn't allow it, and the ADA really couldn't do much more here, not with the fist DUI.
2:21, The first DUI was prosecuted by the municipal prosecutor, who also happens to serve as the county attorney, which makes him the justice court prosecutor.
I think the "other charges" would be under the assault statute, 97-3-7. Simple assault would be brought by the municipal prosecutor, and aggravated assault would be brought by the justice court prosecutor (until bound over to the grand jury).
I don't see where the ADA would have anything to do with this unless the defendant was bound over to the grand jury, at which point the case would be transferred to the DA's office.
I agree with the rest of your comment.
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