Greene cleared of most severe charges

A Spotsylvania man was found not guilty on four counts of involuntary manslaughter but guilty of reckless driving in a 2009 collision on Route 3 that killed four people.

The jury’s verdict and sentencing recommendation came after about two hours of deliberation Thursday evening, ending a three-day trial in Culpeper County Circuit Court for 30-year-old Eugene T. Greene. The jury recommended Greene serve six months in jail and a pay a $2,500 fine. Judge Jack Berry upheld a defense motion to exclude from the jury’s consideration additional charges of wounding in the commission of a felony and destruction of property.

Greene’s defense attorneys, John Mell and Eugene Frost of Fredericksburg, argued that Greene was abiding by the law when the head-on crash occurred. They also say there was no criminal negligence or malicious intent.

The prosecution, represented by assistant commowealth’s attorney Dale Durrer and assisted by deputy commonwealth’s attorney Paul Walther, argued that Greene knew or should have known that he was sleep deprived at the time of the March 22 crash.

In support of their position, the prosecution pointed to Greene’s admissions that on the night of the crash and the previous night, he had stayed out until 2 a.m., operating on about seven hours of sleep. On the day of the crash, Greene had also driven to the Dumfries area to help a family member move furniture, then later that night, they say he ate a heavy meal and drank at least one beer.

After stopping at the 7-Eleven store at Routes 3 and 20 for juice and a candy bar, Greene, prosecutors say, resumed his drive to Culpeper in the wrong lane, heading west on the eastbound side of highway. In addition, the prosecution pointed to statements he made to a state trooper during three post-crash interviews that he was tired, wasn’t sure what lane he was in at the time of the crash, and did not hit the brakes before impact.

“These poor people didn’t know what was going to hit them,” Durrer said in his closing statement after displaying photos of the crash scene. “Ladies and gentlemen, four people are dead … you put all the facts together. He was too tired to drive and he knew it.”

In his closing statement, Frost described the situation as an all-around tragedy but asked the jury to consider the standards set forth by the law when making their decision.

“We never once said this wasn’t a horrible accident,” Front said. But, he continued, “the commonwealth’s case is trying to pull at your heartstrings.”

Frost told the jury it was their duty to consider just the facts. “I want you to judge him like you’d want to be judged and find him not guilty.”

Police say Greene’s eastbound Chevy Tahoe collided with a westbound Toyota Corolla occupied by five people just before 3 a.m. The driver, Tyler S. Harlow, 20, of Ruckersville 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 Howard J. Steiniger of Fredericksburg, survived. Greene was also injured, suffering a compound leg fracture that required surgery.

On Thursday, the jury heard from Dr. Christopher Winter, a sleep expert from Charlottesville. Winter said he reviewed Greene’s medical records and other documents to help him render an opinion about Greene’s physical condition the night of the crash.

Winter testified that consuming small amounts of alcohol can further impair someone’s judgment, coordination or reaction time if they’re behind the wheel. He said a sleep-deprived individual can also experience microsleeps, an episode where an individual dozes off momentarily without any awareness or recollection of doing so.

Asked by Durrer if snacking or stretching and walking can negate the effects of a lack of sleep, Winter said no.

“Nothing can replace sleep,” he said.

But questioned by the defense, Winter acknowledged that it is not clear from the records he reviewed how much food or alcohol Greene may have consumed and, therefore, the impact of those actions could be viewed subjectively. Winter also acknowledged that he was being paid $1,500 for his appearance as compensation for cancelling scheduled patient appointments on Thursday.

On Tuesday, the jury heard testimony from 12 witnesses about the grim crash scene they encountered on Route 3 about one-tenth of a mile east of Clay Hill Road. On Wednesday, much of the court proceedings were spent arguing over the admission of specific points of testimony.

Including Winter, the prosecution put on 23 witnesses overall — police, paramedics, other doctors and family members of the victims. They also entered nearly 40 exhibits into evidence. The defense chose not put on any evidence.

Dressed in a dark suit, black shirt and yellow tie, Greene did not testify before the jury of nine women and three men.