Georgia Court of Appeals denies new trial for Dunagan
By By Mike Gellatly, Rome News-Tribune Staff Writer
Thursday July 5, 2007 12:42:43pm


The Georgia Court of Appeals has denied Aaron Matthew Dunagan’s attempt to have his reckless driving conviction overturned and his attempt to get a new trial.

Dunagan is serving an eight-year prison sentence after being convicted of reckless driving, serious injury by reckless driving and failure to obey a traffic control device.

He was appealing his conviction based on arguments that certain evidence should not have been allowed at trial and that his sentence was overly harsh. The Court of Appeals denied all of these claims.

“We are happy with the Court of Appeals opinion, it is very thorough and they took the whole case into consideration,” said Floyd County District Attorney Leigh Patterson.

The 2004 wreck on Ga. 53 and Burlington Road seriously injured Candice Bendek, temporarily leaving her in a coma. Attempts to contact Dunagan’s attorney were unsuccessful Thursday.


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Ima D Scamp
Comments: 286
Joined: 08/30/2006
07/22/2007 05:58:47 PM
HI: I thought I would just let folks know, I am still around, watching. Matt still has my prayers and thoughts. To be a Christian and walk in the Love and adminition of the Lord, I must love Candice and her family also.
Appears that everyone is still in fine form. Personalities and posts have primarily remained consistent.

To M M :
"There is justice and God knows all about it. His plan is the perfect one, and that covers ALL bases."
Justa opinion, and statement as usual for today.
Ima
 
Tigerfan
Comments: 136
Joined: 06/08/2007
07/22/2007 01:51:02 PM
Rome: Called the number, and you were right. Sent off an e-mail to a friend who contacted Pierre Noth at R.N.T.-----He said that he would probably respond tomorrow during reg. working hours.
Thanks for setting me straight.
Kinda funny, W.R.O.M. had a local pastor referring to the cell phone thing a couple of weeks back during Sunday Morning Service. Gonna ask the same friend to put a bug in the preacher's ear, for what it is worth.
Anyway, thanks a bunch for setting me and the record straight.
It's folks like you who keep ME on track........ LOL
Have a good one!
TF
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/22/2007 07:32:54 AM
July 1 for traffic violations. The corker is a notice that violating a car pool lane will now cost drivers $1068.50 — just for the first offense.

"Second offense is doubled," goes the phony notice. "Third offense is tripled and fourth offense is license suspension. Thereafter, the driver may be jailed."

RELATED LINK:
Check out other hoaxes and urban legends at Snopes.com.


Not quite. "It's bogus. It's untrue," said senior trooper Larry Schnall, spokesman for the State Patrol. "It's like an urban legend."

A spokesman for the Governor's Office of Highway Safety said the actual fine for a first offense misusing a car pool lane is $75. Repeated offenses cost more, but not $3,000. A fourth offense is $150 and a point on your license, said the spokesman, Jim Shuler.

The office got wind of the problem Wednesday morning when an e-mail query about the hoax turned into a stream. They're steamed.

"People will end up losing confidence in the system if they start to get bad information," said Bob Dallas, the office's director. "Down the road it's important as we try to make legitimate changes to the law that will result in fewer lives being lost that people not say, 'Oh, that's one of those spam e-mails we shouldn't pay attention to.' "

The state's techno-hunters are on the trail of the perpetrator, trying to use copies of the e-mail to track the sender.

One thing they're pretty sure of is it's not an employee in the Governor's Office of Workforce Development whose name and phone numbers appear at the bottom of the e-mail. Calls to her number were not returned. Her voice mail message, recorded in a calm, steely voice, tells callers the note was a hoax and not from her office.

"She's very upset," said Dallas.

"It's an agency that has absolutely nothing to do with traffic laws," said highway safety spokesman Shuler, who has spent two entire days tracking down correct information to refute the hoax. "Why would anybody believe that? I don't know."

An identical e-mail, previously circulated in California and Texas, is listed on Snopes.com, a hoax-debunking Web site.

Other lies in the e-mail include an assertion that "Speeders can only go 3 miles above the speed limit." According to Shuler, the State Patrol "can and does enforce the speed limit at one mile an hour over the posted speed limit." But some jurisdictions are reluctant to ticket.

Another is that "As of 7-01-07 cell phone use must be 'hands free' while driving. Ticket is $285.00." There is no such state law, said Shuler, and no ticket.

That should do it Tigerfan. So get on that cellphone, hop in the carpool lane and go as fast as your car or truck will let ya ;-)

http://www.ajc.com/metro/content/metro/stories/2007/07/14/hoax_0714.html

Also, I could find nothing about clearing an intersection.....
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/22/2007 07:22:21 AM
gapeach...only because in this day and age truth is subjective....a no longer equals a. Some would say the truth happens at the end of his endless appeals....some say that truth happened the day the jury said guilty......I suppose for most of yall, truth happens when everything goes the way you think it should.
steve lanier's being an ex-district attorney is the very reason I find it unfathomable that he didn't notice the "surprise" witness' phone number on the 911 records. I doubt that the "surprise" witness typed his own sworn statement. I know how it works.....he gave steve's secretary his statement, she transcribed it and prepared it in typed form.....the "surprise" witness came back in and signed it (probably without reading it)....then when Steve makes it a media circus by saying this "surprise" witness told the officer investigating the accident that he had pertinent information and the officer told him that he didn't wanna hear it, the witness says "uh-oh, that's not what happened." SO, then one has to wonder....having a statement the way that Steve Lanier says it happened can only benefit who? the witness? nope. the defendant, maybe. So who has the motive to lie? the witness? I doubt it, otherwise he never would've testified under oath that the statement that Lanier prepared wasn't accurate.........the defendant? he was in jail, doubt he was transcribing or had access to a computer. The Lawyer? hmmmmmm. I have serious doubts that you are really concerned with "the truth".
 
GAPEACH
Comments: 8
Joined: 01/21/2007
07/22/2007 06:58:42 AM
RGSir....I find it interesting that you commented on every thing I said on my last post except one. The most important one. FINDING THE TRUTH. I guess that subject was not worth it. If it was your hind end sitting in jail for whatever reason, i would hope someone would care enough to fight for the truth. A new trial should have been allowed TO FIND THE TRUTH. I would rather 10 criminals be set free...than for one innocent man to be convicted for the lack of the Truth. And one more Thing...Steve Lanier is the best Lawyer in this area....he is a good Christian man that fought for our rights and served with an excellent record as our District Attoney and now fights for rights of others in private practice. But it is hard to fight...when your fighting a biased judge that only wants one thing...Matt Dunagan in jail. This community is blessed to have Steve Lanier fighting for the underdog.

 
romegasir
Comments: 1608
Joined: 03/14/2007
07/22/2007 06:22:19 AM
tigerfan....sorry, can't find it, it was only a week ago that the article came out but their archives are VERY difficult to search on here. I'm sure you could call RNT during business hours and they'll tell you it's a hoax. There were no hands-free cellphone laws passed in GA, and they didn't set outrageous fines for blocking intersections, using carpool lanes, etc. If you have the actual e-mail, there is a girl's name and phone number at the bottom with some gov't agency in atlanta (that has nothing to do with traffic laws)...the article said if you call that number it's a voice mail telling you that the email was a hoax.
 
Tigerfan
Comments: 136
Joined: 06/08/2007
07/21/2007 08:22:33 PM
Rome: Would you please tell me which article was printed regarding this so-called story. I received the info from the Floyd County Courthouse for reasons that I will not state here, therefore, I accepted it as the "gospel truth". I would never....... let me reiterate NEVER post anything that I was not SURE about. However, I do appreciate your information. I will delve into this matter more deeply as it does have an adverse coorelation to my employment.
Thanks again.
TF
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/21/2007 05:40:19 PM
Tigerfan....that letter you saw about the new laws regarding cellphones and intersections...FAKE...the RNT did an entire story about the fake release....come on dude....get your facts str8 before you post.
 
Tigerfan
Comments: 136
Joined: 06/08/2007
07/21/2007 05:14:51 PM
Howdy!
Had to jump in (this jump rope game)...... it was my understanding that Ms. Candice was on her cell phone having a heated discussion with someone. As for Don McDonald, overheard that his wife was the one who encouraged him to go forward. That is not written in stone, but sounds reasonable.
Changing the subject to more serious matters involving EVERYBODY!
Has anyone seen the new laws that have been enacted as of July 1st. Two of them are exactly what Ms. Candice did. Talking on the phone and blocking an intersection.........when these laws are broken, both carry stiff fines.
Check it out!.
TF
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/21/2007 09:15:59 AM
you feel strongly enough about it to start a petition drive or letter campaign to change the serious injury by vehicle law to a misdemeanor? I'll come introduce myself when I see you standing out front of Wal-Mart with your petition ;-)
 
maggie
Comments: 1542
Joined: 01/08/2006
07/21/2007 05:59:36 AM
Wasn't trying to be funny, just pointing out and Matt would also fall into that category, that many, not all of younger people today think they own the roads and everyone else should just get out of their way. I am still waiting to hear the "law" that states she had the right to be in the middle of the intersection and the right to clear it when the light turned red. Someone posted on here that at that particular intersection, she would have had to stay in the turn lane, so it sounds, once again, like she was in a hurry with her own agenda and turned in front of him. As oncoming traffic, he had the right of way. Sounds also, like both of them had made mistakes in the past and this time her mistake of turning in front of him, cost her dearly. Also, even if he was responsible for the accident, 8 years is too long. As someone also pointed out, child molestors, rapists, and murderers often don't spend this much time behind bars.
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/20/2007 08:31:42 PM
maggie, funny. Candice is part of the younger generation without responsibility....and matt is what? a convicted felon, two time DUI convict.....if candice has her generation as her excuse (according to you)...what is matt's? is it his upbringing? is it that he was framed every time....or is he just an idiot?

Boss Hogg rightfully excluded Don McDonald's testimony....Steve lanier said that he told the officer "hey, I have information regarding this case" and the officer said "I don't want to hear it".......Don McDonald gets on the stand and say "no, I didn't say that....I asked the officer if he needed anything and he said he had it under control." Don McDonald is the same person who supposedly saw a man going to trial for over a year, go to trial and then AFTER his conviction, came forward to tell the "truth" ". My question is this...who is the liar, STeve lanier or Don McDonald.? They can't both be right.

I feel sorry for MD for having such an arrogant, inept attorney. I do feel however that he got his just dues.
 
GAPEACH
Comments: 8
Joined: 01/21/2007
07/20/2007 08:18:12 PM
Ok...first off MM...some people just don't get it, and you are conversing with people that will never acknowledge the simple fact that if he had a green light, so did Candice, and that goes for yellow and red as well. Therefore no matter what color the light is they both had the same. So Failure to Yield on her part is something a 4 year old could understand. These facts have been discussed many many times. Similar Acts? Well..what about hers? She had been charged with Failure to Yield before that sent her and the other driver to the hospital, then add running a stop sign and 2 speeding tickets....that is quite a record for a driver her age.....And justice? Where is the justice? I was under the impression the Court should seek the TRUTH, WHAT EVER IT TAKES!!! However with that judge, Matt didn't have a chance. Leaving Don McDonald out of it, since that pompas judge refused to acknowledge him as a newly discovered witness...Janice Turner absolutely was....but the judge and court didn't want the truth...that is what is most disturbing to me....How in the world can they sleep at night? If there is the remote possibility of seeking and finding the truth....These two witnesses should have been allowed to tell it in a new trial. I have lost all respect for Boss Hogg and his sense of judgement.

 
maggie
Comments: 1542
Joined: 01/08/2006
07/20/2007 07:27:25 PM
Well at most intersections where the turn light stays green if the light stays green, there is a sign that says left turn must yield to oncoming traffic. I have stated before that this was a horrible accident, but she was at fault as well as Matt, if indeed the light was about to turn red. We are also suppose to be in control of our own vehicles and to always look out for other drivers. It seems to often in this day and time, we just want to blame someone else for our own mistakes. Several years ago, I was in a wreck in which the other driver ran a red light as I went through the intersection. My SUV was spun around and flipped over. The other driver was quick to get out of her car and start saying that I was the one who ran a red light. She wasn't concerned about whether I was hurt or not. Fortunately I was not seriously injured and her insurance company paid all claims, but as far as I know, she wasn't even issued a ticket. I have been to Candice's website and my heart hurts for her injuries, but somehow, I feel like she is part of this younger generation who thinks the road belongs to them and their agenda is more important then anyone else's, thus her impatience at waiting until the road was clear, even if it meant having to wait for another turn signal. I know I would rather be safe then sorry.
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/20/2007 07:07:54 PM
no, the turn light does not turn red.....you can turn left on a regular green at that light.
I'm wondering why he refused the state-administered test for his blood for his DUI level? I'm not convinced he was DUI, BUT I think his actions in refusing it were a result of his previous DUI convictionS.....finally caught up with him.
If you don't like the time that he is spending in prison, Call your local legislator and tell him or her that you'd like the law changed to a misdemeanor.
I'm also skeptical, not that it matters, that everyone on here was overjoyed while the case was in front of the Appeals Court...now that the Appeals court has agreed with the Superior Court, only NOW do we re-hash the evidence....which is fine with me. Anyone want to talk about Similar Transactions? Those criminal acts in the past that are SO similar to the criminal act at hand that it is allowed in the trial in order to show the intent of the accused.
 
hello
Comments: 3
Joined: 07/19/2007
07/20/2007 06:57:02 PM
Bird Dog, that intersection is impossible to be in the middle of the intersection when making that turn. She would have to still be in the turning lane but over the line not in the middle of the intersection. I agree with Maggie, I would like to see that law posted because I am willing to bet that many people have gotten tickets from clearing an intersection through a red light. Also, if she did not have a clear view then the turn should not have been made. But if I am remember correctly, no one ever testified that she was at a complete stop at the intersection. Instead, she went through the turning lane never stopping. Again, my intentions are not to place blame on Candice but to get people to see that this may not be as clear cut as people like to think. I just think it's a shame that he is sitting in prison for 8 years when in all reality he didn't get a fair trial. We have sex offenders that don't spend 8 years in prison and now are our neighbors. I don't see that justice has been done.

 
maggie
Comments: 1542
Joined: 01/08/2006
07/20/2007 05:23:12 PM
Can you post that law?? Also, is there a turn light at that intersection that turns red, after the turn light? If that is the case, then she should have never been in the intersection.
 
Bird Dog
Comments: 288
Joined: 09/06/2006
07/20/2007 04:29:01 PM
Hello hello, the fact is that under GA Law, Candice had the right to proceed through the light as she was sitting in the middle of the intersection when the light turned red. After the light changes, she must proceed to " clear the intersection" for the traffic to flow in the direction of th green light. That is what happened.
 
hello
Comments: 3
Joined: 07/19/2007
07/20/2007 03:58:06 PM
Thank you for an answer. I see your point and understand why the she wasn't charged with Serious Injury by vehicle and understand from your statement why he was. But if they both did run the red light, as it seems they may have, then she would have been just as much as fault because of failure to yield. Correct? I'm not saying that it was totally her fault but it seems a little unfair to me that he would get 8 years in prison when if they both did run the red light, she would have pulled out in front of him.

 
romegasir
Comments: 1608
Joined: 03/14/2007
07/20/2007 02:55:42 PM
hello, GREAT QUESTION......Surprised no one has asked it yet. In Civil Court, that would be an issue, but in criminal court it is not. Let me explain why. Committing a crime is not mitigated by the actions of others, except in the case of self defense. In other words, if a jury find that You committed the crimes you were charged with, it doesn't matter what someone else might have done at the same time. now could Candace have been charged with running the red light? Absolutely. Could she have been charged with Serious Injury by vehicle? No, because the law says that the injury has to be to another person And the other driver was not injured. So,, after reading that, if your comment is "They should change that court procedure and allow evidence that the other person mitigated the crime that the defendant is accused of" well actually in this case they did. Evidence was presented at trial showing that Candace was at fault, but the jury didn't buy it. According to the findings of the Appeals Court, The person who was found guilty of this crime Accelerated upon seeing a yellow light and then told the State Trooper, "I tried to beat the light, but I didn't make it"....that wasn't just a quote on this blog, it's also in the appeals decision. Great question though, I liked that one.
 
hello
Comments: 3
Joined: 07/19/2007
07/20/2007 01:44:20 PM
I'm a little confused about something. My understanding of his charges is that he was charged with the reckless driving & serious injury because he ran the red light. Matt was going south on 53 & Candice was going North turning towards Shannon Village. So doesn't it make sense that if he ran the redlight then so did she because they were going towards each other. The only way he would have ran the red light & her have a green light is if she had a turn signal. But on this blog is says that Matt stated at the scene that he tried to beat the light but didn't. If he didn't beat the light then she didn't either because she would not have had a turn signal after the other light turned red. So, can someone please clarify because it seems to me that this is a no brainer.

 
Bird Dog
Comments: 288
Joined: 09/06/2006
07/19/2007 07:26:55 PM
Amen RGS, Amen. It's sad for all, but the courts have spoken.
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/19/2007 03:46:38 PM
I think that was the one I was at....Saw today that the Appeals Court denied his motion for reconsideration........which leaves the Ga Supreme Court....I predict that they don't even accept it to look at..............but I could be wrong, never can tell what they pick *(they like to pick a few easy ones every session).....but, and I could be wrong because I haven't read the appeal in a few days) BUT, I don't remember any constitutional issues in the appeal...which means if the Ga Supreme Court rejects it, the US Courts won't touch it...has to be a constitutional issue. Oh well.....maybe they will, but he'll have done his time by then I'm certain. Alls well that ends well, just feel sorry for The Bendek Family.
 
wileysden
Comments: 298
Joined: 04/27/2007
07/17/2007 09:03:22 PM
rome....I just looked at a website that had some pics of her on it and she was one beautiful girl before this happened to her....I t was the Pray For Candace website...do you have another link I can look at?
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/17/2007 07:17:50 PM
No one is going to say that the Court of Appeals will "set things right" on the reconsideration? Come on guys. Where are the supporters.? By the way, anyone see the pics of Candace Bendek on her website....yikes. Glad I wasn't around to work that wreck.
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/15/2007 02:31:57 PM
k
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/12/2007 08:36:47 AM
LOL Mount A Man.
 
mountainman
Comments: 739
Joined: 09/13/2006
07/11/2007 11:03:21 PM
Get up and do the shuffle RONGSHT,you are one sick peice of---------------mm
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/11/2007 10:42:14 PM
LOL, Atlanta-Gainesville area? Chattanooga and Calhoun are closer than Atlanta and Gainesville are to each other. I think you should have it at the same time and place as The Southern Baptist Convention meeting. Dunitagain could be a guest preacher.
 
mountainman
Comments: 739
Joined: 09/13/2006
07/11/2007 10:38:06 PM
rgsir,d-g, yall cuddle up tight tonite .YALL MAKE SUCH A CUTE COUPLE.MM
 
mountainman
Comments: 739
Joined: 09/13/2006
07/11/2007 10:33:41 PM
Bird-dog, it is so wonderful to finaly see you on our side.Now that you realize the girl was at fault maybe you can help us .Hope we can count on you to be at our next meeting.Look forward to meeting you.Will let you know the meeting point later.It will probably be in the Atlanta-Gainsville area next time .It will be posted on here I guess, some-one said the MFT. was shut down.See you there.Cox ,Bendix,see I can spell it . now that someone showed me the correct way.mm

 
romegasir
Comments: 1608
Joined: 03/14/2007
07/11/2007 10:22:25 PM
Parents should re-evaluate the way they raised their children when they turn out to be two time felons, two time DUI drivers.
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/11/2007 10:21:30 PM
Why would someone not admit to you, MM, that they were a drug user? According to you that's a family that is deserving of respect. Funny how GOOD Dunitagain's blood results were, yet he fought to have them hidden from the jury...wonder why?
Not sure about the suspended license, but if he does have his license, it's sad that a misdemeanor DUI suspends your license but a felony serious injury by vehicle does not. Either way, it's suspended in reality for another half decade. Except maybe if they're letting him drive public works vehicle on the road crew. I doubt he has time with all the preaching he's doing.
BD, MM doesn't scare me...LOL....he's the type of scum I once put in jail, and now I put in their place ;-)
 
Bird Dog
Comments: 288
Joined: 09/06/2006
07/11/2007 10:19:10 PM
" Silly to keep misspelling dont you think.GROW-UP."

Another laughable comment by MM. Obiously turnabout is not fair play and your feelings have been hurt!

Good Night!
 
Bird Dog
Comments: 288
Joined: 09/06/2006
07/11/2007 10:11:44 PM
RGS, I have stood the ground you are on! It's a useless cause. It was her fault and she deserved it according to MM. This conspiracy against him probably goes all the way to the Supreme Court. MM's spelling, or lack of is all intentional. When he wants he can be very fluent and smooth. Justice has been served and anyone without blinders on or their head in the sand knows it.

 
mountainman
Comments: 739
Joined: 09/13/2006
07/11/2007 10:10:39 PM
The correct spelling is Dunagan. Get used to it romsht.It aint over yet. Code-slinger,you bleeped my spelling,dont you feel the Dunagan family deserves respect from this disgraceful blogger.He dont have the gutts to admit that he was once a drug-user. But he can dam-sure cast a stone at Matt. Did yall know that the D.A. HAD HIS BLOOD WORK BACK FROM THE CRIME -LAB IN ABOUT A MONTH,but with-held it for 14 mos..02 AND NO DRUGS,ITS A FACT ! that fact would have killed the P.F.C. campain.The money was pouring in from all over the world,according to court documents,they claim 20,000in donations. Several of these contributors felt they had been screwed and wanted their money back.Where did all that money go? Her medical bills were payed by the state,and the D.A. gave her family 30,000 dollars .Hope and pray that she benefited from the kindness of the public. It would break my heart to find out that this money was spent to buy a nissian for a wittiness.But,i,m used to heart break,so it wont suprise me at all. MM.
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/11/2007 10:04:20 PM
MM, you misspelled Bendek and Steve Cox for months......I try to spell his name right, then I turn around and I've Done It Again.
 
mountainman
Comments: 739
Joined: 09/13/2006
07/11/2007 09:19:14 PM
dont you worry romsht ,still with you .NEVER GIVE AN INCH ,and you will get used to it or log off . Actually Matt still has his drivers PRIVILIGE.If you have this power to see the future, it might be best if you guessed your on fate. Maybe you could avoid cars that turn in front of you .do you want me to read the record of each wittiness and friend of C.B. It would have made no difference if M.D.was drunk and fast asleep in the back seat of his truck. She turned into his path and is suffering for it.Only thing wrong is that M.D. had a record.Their are two kinds of criminals. The caught ,and the not caught,YOU must be neutral,rgs.Silly to keep misspelling dont you think.GROW-UP.
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/11/2007 08:15:03 PM
Think he was a little upset that someone on here disputed him that knew about the case. He twists some of the facts to make Dunitagain look innocent, but when I quote the trial, he shuts up. This fine young man, with only one felony drug conviction and two DUIs and One serious injury by vehicle...what's scary is he will be eligible for a driver's license when he gets out....I'm sure he'll be in jail again after that.
 
Bird Dog
Comments: 288
Joined: 09/06/2006
07/11/2007 08:13:16 PM
RGS, I agree with you 100% sir! However, I am not going to jump into this fight as it is pretty much over. As I said all along, JUSTICE will prevail and it has. There are still some opportunities for this case to take a turn, but they are slim to none. I understand MM's support for Matt, however, I strongly disagree with all of the tactics he uses. Actually, the crickets sound pretty good to what I have heard on here the last year.

 
romegasir
Comments: 1608
Joined: 03/14/2007
07/11/2007 04:59:12 PM
Sad to see this slip off the popular blogs list. Especially as entertaining as it was. Where are all the rabid Dunitagain fans? Was once dozens on here screaming how vindicated they would be after the appeals court decision, now all I hear is two bloggers and a lot of crickets.
 
CuriousCat
Comments: 3
Joined: 06/30/2007
07/10/2007 08:35:21 PM
MM, i have tried to find the 2/17/04 article in the RNT and was not able
Can you tell me how to pull this up.

thanks
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/09/2007 09:32:36 PM
Seems dunitagain would have learned his lesson after the first two DUIs, one of which involved a wreck. The portion of the appeals court decision that you're speaking of says that Dunitagain's brother and the two police officers raised the possibility that the victim was at fault. This means that even after it was brought up as a possibility, the jury still convicted him. Even YOU have to admit that it's funny the defense would claim that the State hid a witness, when said witness gave his business card to the defendant and he was given the witness' phone number by 911. The appeals record shows that Dunitagain said "I tried to be the light, and I didn't make it".. What did he mean? that he didn't make it before it stayed green? makes no sense other than he didn't make it b4 it turned red.
it's great that he's found religiion and maybe something good will come of it. he'll be out in a few years and hopefully he'll stop drinking and driving.
 
mountainman
Comments: 739
Joined: 09/13/2006
07/09/2007 08:37:42 PM
rongsir,Did he say Itryed to beat the green light,or red or yellow light?It is illegal to make a left turn into oncoming traffic no matter what the color of the light is.And 4 wittinesses said he had a green that changed as he went under it.The states main wittiness said it first then later did not recall telling the reporter at the seen that she turned into his path.Look in the arcives of the R.N.T.on 2/17/04 and read what Robert hicks said.Then get your transcript out and read what he said at trial.It is suprising to me ,that this poor ignoraint man as the D.a. put it ,could remember anything for two years.All three were coached in their testimony.You can't dispute that. Are you saying Matt could have avoided this? Even the G.C.O.A.realized that her failure to yeild caused the wreck.Read#10 You talk like a complete idiot! And the correct spelling of dunagan is Dunagan show a little respect for a family of thousands.And a young man whos life was ruined by a driver that showed no regard for her life or anyone that got in her way .Seems as if she would have learned her lesson the first time she failed to yeild and caused awreck.She was a terrible driver.Matt is blessed to be alive.mm
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/08/2007 04:23:02 PM
Never would any jury charge include "If someone turns in front of you, you have the right to clear the intersection." That wouldn't happen under any circumstances.....AND Georgia law requires you to avoid a collision whether you're in the right or the wrong.....

The officer you asked I would presume was just ill-informed. I doubt any police officer told you ten points just so you'd look like a fool in a blog.
Remember, I'm the same person that took up for you and said this site should not censor your posts regardless of what you say. I don't care if you say something about me, true or not, I fought six years in the military for your right to say it. In fact, I was one of the few in my platoon that argued (when we'd have political arguments) that I would MUCH rather die for some kid's right to burn the flag, than I would rather die for a piece of cloth that's red white and blue.

At the scene, Dunitagain said he tried to beat the light and didn't make it. that's enough for me. Couple that with his history of driving drunk......his history of having no regard for what the law tells him he can and can not do.......that was more than enough for me. And obviously that was only the beginning, and the jury saw through it, and convicted him and his conviction has been upheld by people who have no clue who Dunitagain is, who is family is, who Bendek's family is...........The people who earlier you were saying you trusted and you knew woudl do the right thing.....now that they've done the right thing, you just can't let it go. Sad, for you, Sad for his family, Sad for him..........More sad for the victim. Dunitagain's reckless, unlawful ways caught up with him and his family needs to answer to him and call Matt and say "we're sorry that we raised you to think that you are above the law".
 
mountainman
Comments: 739
Joined: 09/13/2006
07/07/2007 10:00:19 PM
They jury ask the judge for help on wreckless driving. HE READ THEM HALF THE LAW ON THAT SUBJECT.He failed to mention if some-one turns in front of you that you also have the right to clear the intersection,even on a yellow light.Also Durham did not instruct the jury on the serious injury by vehicle issue.My info on the points came from a police officer,and I trusted him.Never trust an officer of the law unless you know them personally.They are human and they arenot always honest.If Iwas wrong ,Ishould suffer,so I will stay on this post till it is shut down as punishment.mm
 
wileysden
Comments: 298
Joined: 04/27/2007
07/07/2007 09:28:55 PM
That's sad too
 
romegasir
Comments: 1608
Joined: 03/14/2007
07/07/2007 05:53:17 PM
wileysden.....it wouldn't matter to him, in his mind he is innocent and the victim of a vast conspiracy.

 
romegasir
Comments: 1608
Joined: 03/14/2007
07/07/2007 04:54:20 PM
People who get multiple DUIs get harder and harder to catch......they know what tests to take and what tests to refuse, they learn how to avoid tests, Dunitagain was a poster child for Bubba Head's book "101 ways to beat a DUI"....play dumb, admit to one drink earlier, be so crippled that you can't take field sobriety tests, and refuse the blood test. Regardless, I can live with the not guilty verdict on him, that was the officer's fault and he should have documented Dunitagain's intoxicated state better (there are tricks to do this that I will not bring up for fear of warning a potential future DUI) ......... I was very shocked that the jury convicted him of serious injury by vehicle, not because he was innocent, but because it was a very complicated charge.
 
RomeListener
Comments: 24
Joined: 03/24/2006
07/07/2007 09:47:35 AM
Mountain Man has telling everybody for months that when the Georgia Court of Appeals got hold of this case they would make things right. Guess what? They did.
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