Jury deliberating fate of mom charged in son’s death

March 10, 2010

By Lance Griffin

DOTHAN, Ala. - For Crystal Finnegan, a greater punishment than anything doled out by a judge or jury is living every day asking one simple question.

What if she had slowed down on that June day in 2008 when the rain began to cascade onto Ross Clark Circle?

It is likely her son, Rippen, would live today. Her other son, Brody, would not be mentally crippled. Another woman would not have suffered serious injuries and a bus full of students would not have been terrified.

So although a Houston County jury is deliberating Finnegan’s legal responsibility, her sentence began the moment she woke up in the hospital after the accident.

The jury deliberated for three hours Tuesday before breaking for the evening. The jury is continuing to deliberate this morning in an attempt to determine whether Finnegan acted recklessly, was criminally negligent, simply negligent, or not responsible at all?

The incident happened on a rainy day June 29, 2008, when Finnegan and her two sons were traveling north on the east side of Ross Clark Circle. Witnesses and other evidence indicated she was traveling at a high rate of speed – possibly 75 miles an hour or faster – when she lost control of her pickup, slid across the median and collided with a church bus full of middle and high school students from Kentucky. The accident killed Rippen Upton, and severely injured Brody Upton. Dianna Combs, a passenger in the bus, was also severely injured.

Finnegan testified in her own defense Tuesday morning. She sobbed uncontrollably as her attorney, Matt Lamere, asked her about the details surrounding the accident in June 2008.

Finnegan spent less than 10 minutes on the stand Tuesday, and said she did not remember telling an officer she had been traveling at a high rate of speed following the accident. Monday, an officer testified Finnegan told him she was traveling around 75 miles per hour on Ross Clark Circle before the accident.

Finnegan said her last memory was singing with Rippen and Brody before waking up in the hospital.

To convict Finnegan of manslaughter, the jury must conclude her actions constituted a reckless disregard for human life. The jury must conclude Finnegan demonstrated “extreme indifference” for human life in order to convict of first degree assault.

Assistant District Attorney Banks Smith said during closing arguments that Finnegan’s high rate of speed in rainy conditions proves recklessness.
“Certainly reckless,” Smith said.

However, Lamere argued Finnegan was simply negligent. He repeated testimony from an officer earlier in the trial who testified that motorists often speed on Ross Clark Circle.

He said that regardless of the verdict, Finnegan would always suffer.

“That lady is going to be in jail for the rest of her life,” Lamere said.

History in the making

November 05, 2008

By Christie Kulavich

Barack Obama secured the election tonight. What an exciting moment in history.

It’s 1:45 a.m. and the newsroom is still hopping. Be sure to pick up tomorrow’s Dothan Eagle to read our comprehensive election coverage on local, state and national elections.

It’s getting exciting in here

November 04, 2008

By Christie Kulavich

The newsroom is much more alive than it usually is at 9 p.m.

We polished off a ton of Domino’s pizza and chicken kickers, and now we are settled in to keep the information stream going for readers. We’ll be updating the Web site throughout the night with totals and stories. We are also working on bringing a comprehensive package for your Wednesday morning paper.

By the way, some of the newsroom folks did indeed head over to the Starbucks at Target to get our free ‘I Voted’ cup of coffee. It was totally worth the drive across town while smushed in the back of the big cheese’s car.

Voting at Taylor Town Hall

By Lauren Champlin

My husband and I voted around 11 a.m. The line was outside the building, which surprised me. I didn’t know how many people would come out to vote in Taylor.

Everyone was friendly. We waited about 20 minutes. I always look forward to receiving my “I Voted” sticker. Voting is a privilege and a freedom we have in America. We shouldn’t take it for granted. I encourage everyone to vote today, no matter how long the lines are.

Election nightmares

By Carole Brand

I didn’t sleep well last night due to the elections.

I have to blame Obama and McCain for my sleepless night. I dreamed of Obama dressed up in a Halloween costume, and McCain in sweat pants with Palin at his side dressed up like an Eskimo and holding a fishing rod.

I finally woke up, with just enough energy to go to my polling place. I timed everything so I would arrive at exactly 7 a.m.

I had hoped to “waltz” in, vote and go to work with coffee in hand. But at the polls I found another nightmare.

There were lots of people lined up.

I am not good with people first thing in the morning, especially after a restless, weird “election dream” night.

I was not in the mood to speak to anyone, but it seemed as though people wanted to talk to me.

“Explain Amendment One to me,“ someone asked me.

I wanted to say, “just vote yes on all of them,“ but I didn’t.

I was polite and smiled. Then I went on to explain what Amendment One was all about.

“I guess I’ll vote yes,“ the person replied.

I just shrugged my shoulders and took another sip from my coffee cup.

I thought, “please don’t ask me anymore questions. I just want to vote and get out of here. This is my right and my time and I just want to do it.”

With that, I was finally next in line. Thank goodness.