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Plea OK'd in fatal accident
Trooper Carroll killed in wreck

Thursday, November 19, 2009

By AMANDA BUCK - Bulletin Staff Writer

A 20-year-old man pleaded guilty Wednesday to failing to yield the right of way in a June traffic accident that killed a Virginia state trooper.

Christopher A. Cunningham of Collinsville entered the plea after his attorney, Will Davis, and Pittsylvania County Chief Deputy Commonwealth’s Attorney Bryan Haskins agreed to amend the original charge against Cunningham — reckless driving — to failure to yield.

Cunningham, who was dressed in khaki pants, a striped dress shirt, a tie and a navy blazer, entered the plea in Henry County General District Court.

Haskins handled the prosecution after Henry County Commonwealth’s Attorney Bob Bushnell recused himself from the case. Bushnell was a friend of Master Trooper Ralph Carroll, who died after the Harley Davidson motorcycle he was driving collided with the Honda Accord driven by Cunningham.

The accident happened June 26 near the Dodge Store on U.S. 220 in Bassett Forks.

Haskins and Davis agreed that rather than paying the typical $30 fine associated with the charge to the court, the fine will be suspended on the condition that Cunningham makes a donation to a rescue squad that responded to the accident. That was the request of Carroll’s widow, Tami Carroll, Haskins said.

“It’s just a tragic situation,” Haskins said after the hearing. “It’s not a whole lot of money, but the gesture means a whole lot to the trooper’s spouse.”

Haskins said the charge was amended because the facts of the case did not support reckless driving. Cunningham was not speeding, said Trooper J.M. Hylton, who handled the investigation.

According to Hylton, Cunningham had stopped and was waiting to make a left turn off U.S. 220. He then began to turn into the path of Carroll, who was traveling south on the highway, Hylton said.

Cunningham stated that he did not see the off-duty trooper, Hylton said.

Cunningham did not address the court. He and his attorney declined to comment after the hearing.

According to Haskins, the maximum penalty for a reckless driving conviction is 12 months in jail and a $2,500 fine. A $30 fine is typical for a failure to yield conviction, he and Hylton indicated.

Reached after Thursday’s hearing, Tami Carroll said she hopes the donation will be a better way to remember her husband than a fine paid to the court.

“I did ask him to make the donation to the rescue squad, and honestly, I hope that it’s more than $30,” she said, her voice breaking.

Haskins said he has spoken with Tami Carroll several times as the case was investigated, most recently Wednesday morning.

“She’s not a vindictive person,” he said.

Judge Thomas J. Frith of Blacksburg, who handled the case, found Cunningham guilty and accepted the agreement.

 
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