Court filing sheds light on deadly Rte. 3 wreck

New details have emerged in the vehicular manslaughter case against Eugene T. Greene, the Spotsylvania man charged with killing four people in a head-on collision last year in the Stevensburg area of Route 3.

In a five-page memorandum filed Tuesday in Culpeper County Circuit Court, Commonwealth’s Attorney Gary Close and assistant Dale Durrer outline why the state — and possibly the county — should allocate up to $15,000 for an expert witness to testify that Greene was sleep-deprived and should not have been driving during the early morning hours of March 22.

Among the findings documented in the memorandum, prosecutors say the Virginia State Police investigation concluded:

- Neither Greene’s 2002 Chevy Tahoe nor the victims’ 2004 Toyota Corolla left any pre-impact skid or scuff marks.

- Both vehicles sustained severe damage to their left front sides.

- The crash caused the left-rear passenger (not listed by name) to be ejected from the Toyota.

- Greene was traveling about 55 mph when the crash occurred, and his cruise control was activated.

Perhaps most important to the prosecution’s case, the VSP’s investigation revealed Greene was seemingly unfit to be driving a car because he was too drowsy at the time of the wreck.

“The subject that necessitates the assistance of the expert witness is sleep deprivation and whether the defendant knew or should have known that it was not improbable that an injury would occur based on his lack of sleep preceeding the accident,” according to the memorandum.

Durrer, who will argue the case, is expected to rely heavily on findings from the VSP investigation that concluded Greene:

- had been awake for about 20 hours prior to the wreck and had only six or seven hours sleep in the previous 48 hours.

- consumed one or two beers two hours prior to the wreck and had eaten a large meal about an hour before that.

- was unsure which lane he was traveling in, did not apply his brakes before impact, and is unsure whether he crossed the double yellow line or whether he fell asleep before the wreck.

In addition, the VSP investigation found that Greene “had driven 165 miles the day of the accident, moved furniture at a house in Dumfries from 9:30 a.m to 9:30 p.m. the day of the accident, and stopped approximately 10 miles prior to the accident and purchased an orange juice and snickers (sic) bar at the 7-11 (sic) store that intersects Routes 3 and 20.”

The expert witness
The commonwealth’s attorney’s office has requested Dr. Christopher Winter as its expert witness. Winter, 37, is medical director of the Martha Jefferson Sleep Medicine Center in Charlottesville.

As for why it could cost $15,000 to have Winter testify, Close said that amount would be “the absolute maximum” and that he erred on the side of caution.

“In actuality,” Close continued, “it might be two-thirds less. … We shopped around a little bit, and he turned out to be the closest and least expensive.”

Close said the money would likely be allocated by the Virginia Supreme Court, and he’s trying to schedule a hearing by early February to secure the funding. If the court system doesn’t fully fund the request, Close plans to ask the Culpeper County government to make up the difference.

Regardless, he said, “I’m going to proceed but obviously I’m hampered.”

In the memorandum, Close points out that two similar cases in the state of Virginia were overturned because the prosecution did not present enough evidence the defendant was actually sleep-deprived or should have known he was in no position to operate a car.

Close doesn’t want that happening in the Greene case. “This guy,” he said about his expert witness, “is quite impressive.”

Close said Winter would be paid by the hour but did not immediately have information as to his hourly rate.

Background
Around 2:50 a.m. March 22, about one-tenth of a mile east of Clay Hill Road, Greene’s eastbound Chevy Tahoe collided with a westbound Toyota Corolla driven by Tyler S. Harlow, 20, of Ruckersville.

Harlow and three passengers — Joseph L. Sahnow, 20, of Ruckersville, Tianna V. Jones, 19, of Stanardsville, and James B. Cook, 21, of Marshfield, Vt. — died at the scene. A fifth passenger, 27-year-old Fredericksburg resident Howard J. Steiniger, survived.

The State Police investigation found that Greene, who had no passengers and was not wearing a seat belt, was driving in the wrong lane. He suffered minor injuries.

Greene, 30, remains free on $20,000 bond after being charged by a grand jury in late October.

On Dec. 16, he entered not guilty pleas to four felony counts of involuntary manslaughter, wounding in the commission of a felony and misdemeanor charges of reckless driving and operating an uninsured vehicle. He has a four-day trial set for May 4 at 9:30 a.m. in Circuit Court.

In a previous story, Durrer and Greene’s attorney, John Mell of Fredericksburg, acknowledged that the trial might not require four days, but Judge Jack Berry agreed that it would be appropriate to set aside the extra time on the court docket.