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Bradley MULLINS
Trial to open for
men accused of drag racing prior to fatal crash
Bradley Mullins is accused of drag racing before the crash that
killed Cortney Hensley, who had just been crowned homecoming queen of
her high school.
By Matt Pordum -
Court TV
May 18, 2007
JONESBOROUGH, Tenn. — Courtney Beard and
Cortney Hensley were driving home after picking up their homecoming
pictures when they stopped at a red light on Sept. 24, 2005.
Hensley, 17, had been crowned Homecoming Queen at
David Crockett High School and she and Beard, her best friend, also 17,
were anxious to look at the pictures taken the night before.
But before the light turned green, a red Ford Mustang
came racing through the intersection and slammed into Beard's Honda CRV
at a speed estimated at 125 mph.
The crash sent the Honda some 250 feet, causing it to
burst into flames. Hensley was killed, and Beard suffered burns over 30
percent of her body. She spent the next month and a half in a hospital
bed.
Prosecutors say the Mustang's driver, Bradley Mullins,
was drag racing.
A Washington County jury is expected to hear opening
statements this week in the trial of Mullins, 19, and David Phillips,
39.
They are charged with second-degree murder, an
alternate count of vehicular homicide, and two counts of attempted
murder.
The attempted murder charges stem from injuries to
Beard and a female friend of Mullins, who was riding with him when the
crash occurred.
Based on grand jury testimony, several witnesses are
expected to testify that they saw Phillips challenge Mullins to a race
at about 11:40 p.m. by inching up and revving the engine of his red
Dodge Viper as the two waited at a red light.
When the light turned green, the cars raced off on
the busy street, witness are expected to say.
Washington County District Attorney Pro Tempore Al
Schmutzer declined to comment on the case.
Although Mullins' attorney, Don Spurrell, says his
client has always accepted responsibility for the crash but he disagrees
with the second-degree murder charge.
"There is no prior conduct, no ill will and
absolutely nothing to suggest he intended this to happen," Spurrell said.
"He was simply not motivated to kill anybody, and the state's suggestion
that he did so knowingly is simply preposterous."
The defense attorney said the tragic accident was the
result of a "drag race gone bad."
"He was induced by the actions of an older man in a
Viper," Spurrell said. "[Phillips] egged him on and all the evidence
will support the fact that Mr. Phillips had a propensity to do so."
Spurrell he intends to call a witness who will
testify that one week before the crash, "Phillips attempted to race an
adult on the same street where this occurred."
Phillips' attorney said that Phillips was on the
street that night, but maintains his client wasn't drag racing.
"Our proof and the state's proof indicates that three
police officers saw a Mustang smoke up its tires and take off at a high
rate of speed," defense lawyer Richard Pectol said. "None of the three
officers make any mention of a Viper being at the scene."
On the contrary, he said it was Mullins who
unsuccessfully attempted to lure Phillips into racing that night.
Pectol said Phillips' stayed at the scene of the
crash and gave the police a voluntary statement.
"[Phillips] tells the police that the driver of the
Mustang tried to get him to race and that he shook his head no," Pectol
said. "Witnesses at the scene will support his statement."
While Spurrell and Pectol agree on little about the
facts in the case, they both believe their clients should have separate
trials, although Judge Bob Cupp denied a previous motion. Although both
attorneys filed letters with Judge Bob Cupp last week urging that the
issue be reconsidered, neither of them expressed confidence that
separate trials would be granted.
Neither Phillips nor Mullins has a criminal record,
and neither has been offered a chance to plead guilty to lesser charges
in the case, according to their lawyers.
If convicted of second-degree murder, they face 15 to
25 years in prison. The sentence for attempted murder is eight to 12
years in prison, and the sentence for a vehicular manslaughter
conviction is three to six years in prison.
Prosecutor: Drag
racing was cause of crash that killed homecoming
queen
By Matt Pordum -
Court TV
May 18, 2007
JONESBOROUGH, Tenn. —
Instead of slowing down or steering his black
Mustang away from traffic, 19-year-old Bradley
Mullins kept drag racing down a busy street on
Sept. 24, 2005, a prosecutor said Thursday as
Mullins' trial opened.
As a result, David Crockett
High School's newly crowned homecoming queen,
Cortney Hensley, died in a fiery car crash,
charged Washington County prosecutor Al
Schmutzer during his opening remarks.
Schmutzer is asking a jury to
convict Mullins and David Phillips, 39, of
second-degree murder for causing Hensley's death
and second-degree attempted murder for severely
injuring her best friend, Courtney Beard, also
17.
At approximately 11:30 p.m.,
Schmutzer said, Mullins was at a red light in
his Ford Mustang "squealing his tires" as
Phillips sat in his red Dodge Viper "revving his
engine and inching up a little."
When the light turned green,
the cars took off, he said.
"The Mustang, which was
already going fast, for whatever reason, went
faster and the Viper tailed off," Schmutzer said.
"The Mustang went off like a rocket."
Sitting at a red light
roughly a half-mile away were Beard and Hensley
in Beard's Honda CRV.
The best friends had just
picked up developed homecoming pictures at a
pharmacy and were driving home to look at them.
After a police car spotted
the cars and began pursuing with lights flashing,
Phillips slowed down and Mullins accelerated
toward the girls, who had "no idea what was
about to happen," Schmutzer said.
When Mullins, who was at
close to 125 mph, finally hit the brakes, it was
too late. Schmutzer said the Mustang "fishtailed
and jerked back," crashing into the girls' car
with "so much force that it drove the Honda
almost the length of a football field."
The crash caused the Honda's
gas tank to rupture, and as the gas began to
spill out, the car's broken gas shift dragged on
the ground, creating sparks that caused the car
to ignite.
Schmutzer said that, although
Mullins and his girlfriend riding with him were
able to get away with no major injuries, "Beard
and Hensley weren't so fortunate."
The prosecutor said Beard was
successfully pulled out of the burning car by
people who saw the crash and had stopped to
offer help.
"But they didn't know there
was another person in there," Schmutzer said.
"It was an inferno and it was too late."
The Good Samaritans at the
scene and the police officers that arrived
shortly after the crash were unable to save
Hensley.
Mullins' attorney, Don
Spurrell, asked the panel to "filter through
this complicated story and sort out what
happened in the minds of these men."
Spurrell said the tragic
accident was not the result of a conscious
choice, but of a series of events like the 1991
northeaster referred to as "the perfect storm."
"The confluence of events
created what otherwise, with slight variation,
would not have been so severe," Spurrell said
Phillips' attorney, Richard
Pectol, claimed his client was not involved in
the race, and was merely present at the scene in
a fast car.
"It's not against the law to
drive a Viper," Pectol said.
He said Phillips stopped at
the scene, cooperated with police and even
helped them look for black marks where the crash
happened.
He also challenged the
anticipated testimony of eyewitnesses, saying it
can only be believed if one's definition of a
drag race is "two cars sitting next to each
other at a traffic light."
Two convicted of drag
racing, reckless
homicide and other
charges in teen's death
By
Matt Pordum -
Court TV
May 22, 2007
JONESBOROUGH, Tenn.
— A Tennessee jury
convicted two men of
reckless homicide
Tuesday for killing a
17-year-old homecoming
queen during a drag race
on a busy Johnson City
street.
After
deliberating for seven
and a half hours, the
panel chose not to
convict Bradley Mullins,
19, and David Phillips,
39, of the more serious
charge of second-degree
murder for killing
Cortney Hensley. If
convicted on that charge,
they could have faced up
to 25 years in prison.
The
jury also convicted both
men of vehicular
homicide for killing
Hensley and reckless
aggravated assault for
causing the severe burns
that Hensley's best
friend, Courtney Beard,
suffered during the
fiery crash.
Mullins and Phillips
were also found guilty
of reckless endangerment
and drag racing. At
their sentencing July
31, they could face up
to 15 years in prison.
Judge Robert Cupp could
also sentence them to as
little as probation.
Mullins and Phillips did
not express any emotion
as the verdict was read.
Hensley and Beard were
driving home on the
night of Sept. 24, 2005,
after picking up their
homecoming pictures when
they stopped at a red
light. Hensley, 17, had
just been crowned
homecoming queen at
David Crockett High
School.
Prosecutor Al Schmutzer
said that roughly a half-mile
down the road, Mullins,
who was driving a black
Mustang, and Phillips,
who was driving a red
Viper, were revving
their engines while
waiting for a traffic
light to turn green so
they could race.
When
the light turned green,
Phillips pulled back,
but Mullins raced
through the intersection
and slammed into Beard's
Honda CRV at a speed
estimated at 130 mph,
Schmutzer said.
The
crash caused the Honda
to burst into flames.
Hensley was killed, and
Beard suffered burns
over 30 percent of her
body.
Schmutzer said he was
pleased that both
Mullins and Phillips
were convicted on the
same charges, because he
believed that Phillips
was just as responsible
as Mullins for the crash.
"This
is very important
because we had a
situation [where] we
felt very strongly that
Phillips was the
instigator and egged it
on and set it in motion,"
Schmutzer said.
Schmutzer argued for a
second-degree murder
conviction for both
Mullins and Phillips,
saying during closing
arguments that both men
knew that by engaging in
a race on a busy street,
"their conduct was
reasonably certain to
cause death or serious
bodily harm."
He
said that although each
defendant reacted
differently after being
spotted by police
officers, both
demonstrated they knew
what they were doing was
criminal.
"Both
of them wanted to escape
getting caught,"
Schmutzer told the jury.
"[Phillips] chose to
back off and Mullins
chose to flee."
Phillips has
consistently denied drag
racing against Mullins
the night of the fatal
crash, but chose not to
testify.
Phillips' attorney,
Richard Pectol, said his
client was "obviously
disappointed" by the
jury's verdict.
Pectol said he found it
hard to believe that the
jury apparently
disregarded the fact
that three police
officers who witnessed
the race never mentioned
it in their reports,
which were written hours
after the crash.
But
Pectol told him that
Phillips "still has hope
and his family has hope"
that the convictions
will be overturned on
appeal.
Mullins' attorney, Don
Spurrell, said that
after the verdict was
read, Mullins "just came
and hugged me, crying."
"I'm
not sure he even knows
what happened," Spurrell
said. "I think the kid
is very confused as to
what's going to happen.
He's still scared and
probably hasn't slept
well for two weeks."
During closing arguments,
Spurrell said Mullins
"has always accepted
criminal responsibility
for this act."
"Of
course he didn't
exercise judgment. He
was reckless beyond
belief," Spurrell said.
"He's guilty of being
reckless, but not of
knowingly killing
Hensley or injuring
Beard."
Bradley Mullins was
convicted of vehicular
homicide and felony
reckless endangerment.
Cortney Hensley
and Courtney Beard on homecoming night Sept. 23,
2005. Hensley was killed in a crash the next day,
while Beard was severely injured.