Manslaughter Case Heads To Grand Jury
Police: Driver Struck Man On ATV
Posted: December 7, 2012
HARRISONBURG — The case of an Elkton man accused of being drunk when he crashed into an all-terrain vehicle, killing a man, will now head to a Rockingham County grand jury.
Justin D. Harris, 27, is charged with felony involuntary manslaughter.
During a preliminary hearing Wednesday in Rockingham County General District Court, Judge Richard Claybrook found probable cause to send the case to a grand jury.
On the afternoon of Oct. 22, police say, Harris struck an all-terrain vehicle stopped in the 17000 block of Red Brush Road north of Elkton. The victim, Ralph J. Mowbray, 73, of Elkton, had been using a Honda Foreman ATV to pull his lawn mower from the ditch it was stuck in, according to the Virginia State Police.
Police said two other men, who were not identified at the time, were helping Mowbray, including one who wore a reflective vest and directed traffic on Red Brush Road.
Once Mowbray had pulled the lawn mower from the ditch, he stopped the ATV in the westbound lane of Red Brush Road. He was struck as he got off the vehicle, and the man who was directing traffic narrowly avoided being hit as well, according to state police.
Mowbray was flown to the University of Virginia Medical Center in Charlottesville, where he died.
Harris was not injured in the crash.
A source said Harris’ blood-alcohol content registered at 0.19 percent. In Virginia, the presumed level of intoxication is 0.08 percent.
Prosecutors will likely present the case to a grand jury on Dec. 17.
Contact Pete DeLea at 574-6278 or pdelea@dnronline.com
Justin D. Harris, 27, is charged with felony involuntary manslaughter.
During a preliminary hearing Wednesday in Rockingham County General District Court, Judge Richard Claybrook found probable cause to send the case to a grand jury.
On the afternoon of Oct. 22, police say, Harris struck an all-terrain vehicle stopped in the 17000 block of Red Brush Road north of Elkton. The victim, Ralph J. Mowbray, 73, of Elkton, had been using a Honda Foreman ATV to pull his lawn mower from the ditch it was stuck in, according to the Virginia State Police.
Police said two other men, who were not identified at the time, were helping Mowbray, including one who wore a reflective vest and directed traffic on Red Brush Road.
Once Mowbray had pulled the lawn mower from the ditch, he stopped the ATV in the westbound lane of Red Brush Road. He was struck as he got off the vehicle, and the man who was directing traffic narrowly avoided being hit as well, according to state police.
Mowbray was flown to the University of Virginia Medical Center in Charlottesville, where he died.
Harris was not injured in the crash.
A source said Harris’ blood-alcohol content registered at 0.19 percent. In Virginia, the presumed level of intoxication is 0.08 percent.
Prosecutors will likely present the case to a grand jury on Dec. 17.
Contact Pete DeLea at 574-6278 or pdelea@dnronline.com