Police video: Driver in death of Gary Lillie said he was reaching for cellphone just before crash
The man accused of drunken driving in the death of Gary Lillie told police that he'd dropped his cellphone and was reaching to pick it up as his vehicle struck the veteran's advocate on Baker Road late on Aug. 4.
Kevin Warren made that statement to deputies at the scene of the collision, where Lillie was found in a ditch next to the road, according to video testimony played Tuesday during his preliminary examination in 14-A3 District Court in Chelsea.
Warren, who tests show had a blood alcohol level of 0.12 after the crash, is charged with operating while intoxicated causing death and leaving the scene of an accident resulting in death. The legal limit for blood alcohol content in Michigan is .08.
Kevin Warren
Three witnesses testified at the preliminary examination, including Washtenaw County Sheriff’s Deputy Jeremy Hilobuk, who told Judge Richard Conlin he could smell alcohol on Warren’s breath when he spoke to him in the back of his patrol car at the scene of the accident.
Washtenaw County Assistant Prosecutor Brenda Taylor submitted video from Hilobuk’s patrol car, which showed him interviewing Warren.
After Warren told Hilobuk he had dropped his cellphone just before striking Lillie, he said in the video that he drove to his home - and then drove back to the scene, realized that he had hit someone, then returned home to call police.
Warren also told Hilobuk that he had been drinking at a golf course earlier that day.
Hilobuk also testified that Lillie was unresponsive as he and Huron Valley Ambulance personnel arrived.
The location on Baker Road in Scio Township where Gary Lillie died after he was struck by a vehicle.
Angela Cesere | AnnArbor.com
Hilobuk said Warren was very cooperative during the investigation and he did not perform a field sobriety test on him before arresting him.
Washtenaw County dispatcher Wesley Fabian took Warren’s 911 call on Aug. 4, according to 911 calls Taylor entered into evidence and played in the courtroom. The call begins with Warren telling Fabian, “I just hit somebody on Marshall Road.”
Fabian directed Warren to return to the scene of the crash after speaking to him. Fabian said the call came from a landline and the phone number matched the address Warren had given for his home.
When asked by Warren’s attorney, John Shea, if he would have directed Warren to return to the scene of the crash if he'd believed Warren was intoxicated, Fabian said he would not have.
“He did not appear to have auditory signals that would make him appear to be intoxicated,” Fabian said, while adding he could only go by what he heard on the phone.
The second 911 call that Fabian took from the crash was called in by Brandon Wing, who was on Marshall Road when he saw what he thought could be a person lying in a ditch.
Wing testified he called 911 and saw no other vehicles at the scene of the accident when he arrived. He said he flagged down another motorist and waited for police at the scene of the crash.
Warren arrived at the scene of the crash shortly after police, Wing said.
“I thought I knew what it was … but I didn’t want to know,” Wing said. When asked by Taylor what he thought he had seen, he said, “A body lying in the ditch.”
Warren's preliminary exam was adjourned until 9 a.m. Oct. 7 at 14A-4 District Court in Saline because two other witnesses — Detective Robert Losey of the Washtenaw County Sheriff’s Office and Washtenaw County Deputy Medical Examiner Jeff Jentzen — were unavailable for Tuesday’s hearing.
If convicted, Warren faces a maximum of 15 years in prison on each charge.
Conlin is expected to rule on whether Warren will stand trial after the Oct. 7 testimony.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
Lets Get Real
Wed, Sep 21, 2011 : 10:43 p.m.
Drunk Driving and Driving Distracted are huge contributors to everyone's safety. Will we learn from this incident. I hope, but I doubt it. Gary Lillie lovercame his own adversities; grew to be a successful businessman, respected leader in the community, an advocate for Veterans, and is a loss to the community. We will miss him.
Old Salt
Wed, Sep 21, 2011 : 7:36 p.m.
Alcohol level of 12 is high even after he came back to where the accident was. I wonder what it was before he went to his home ?
Merritt Lillie
Fri, Sep 23, 2011 : 5:18 a.m.
All we know is that he returned to the scene after to see if he had hit a deer or a person. He saw that he had hit a person, then went back home a second time and then he called 911 and he was directed by them to return to the scene at which time he was arrested, confessed, etc.
Fatkitty
Wed, Sep 21, 2011 : 6:52 p.m.
I cannot imagine how a phone call or TEXT could be so important that you would put your own safety at risk to take the call or make the call; or worse yet, endanger the life/lives of other(s) because of a flippin' phone call or text. Every time I see someone driving with the phone stuck to their ear, or see the passenger intently gazing down at their phone, I think how the "providers" encourage this unbelievable "connectivity" and overuse with their offers of rollover minutes, bundles, etc. It's not worth it.
Chris 8 - YPSI PRIDE
Wed, Sep 21, 2011 : 1:16 p.m.
I don't know if Michigan has a "both hands on the wheel" law. If this does exist, and the police begun enforcing this immediately it would probably prevent many accidents such as this from happening. In the mean time our law makers could be drawing up a sensible law about cell phones and driving. I don't care who you are or how important you think you are, or how important you think that call that is coming in. While your vehicle is in motion, you have an obligation while you vehicle is in motion to be looking at the road and paying attention to what is going on outside your vehicle both in front of you and behind you. I was almost taken out by another driver one day coming straight at me from the opposing direction. Guess what she was holding in her left hand as she swerved at the last second and missed my by less then a foot. If the call you take or make is soooooooooooooooo important, stop in the next safe place and take it or dial it. Don't do it while your vehicle is in motion. You have no business risking the lives of others on the road.
Roadman
Wed, Sep 21, 2011 : 2:50 p.m.
Actually the careless driving statute covers all types of negligent driving and can be employed by police where unreasonable driver conduct endangers the public.
Jarhead
Wed, Sep 21, 2011 : 10:24 a.m.
There are a few things, in the time line, that we don't know yet that aren't presented in the article. Warren wasn't given a sobriety test in the field. Was the breathalizer used at the scene or back at the station? Either way, it was propabably around midnight, earliest, by the time the blood alcohol test was done. (Warren said he went home and then back to the scene and home again and called in to the police and then back to the scene.) Warren said he had been drinking at the golf course earlier in the day. Well he was either very intoxicated at that time or the drinking carried on at a bar afterwards. Every bodyshop would have been contacted to look out for a truck with damage, as there was plastic from the headlamp and grill strewn for about 40 to 50 feet at the scene. He was not driving slow at that point in the road. I'm sure we will learn more as time goes on.
Merritt Lillie
Fri, Sep 23, 2011 : 5:15 a.m.
He was taken to the hospital for a blood alcohol test and that is what registered a .12 BAL. Yes, there was a considerable time lapse between the accident and the blood test.
Roadman
Wed, Sep 21, 2011 : 2:56 p.m.
Breathalyzers are not used at the scne of the traffic stop or accident; they are at the police station. Onsite police give a crude machine, the Alco-Sensor III, which can run about $600.00. It is known as a Preliminary Breath Test (PBT) and is given to support a probable cause finding to support an arrest. The are generally not admissible at trial, except for impeachment. Failure to submit to a PBT when requested isonly a civil infraction. There is no legal requirement for a detainee to submit to field sobriety tests however and without a PBT result or field sobriety tests, police often lack probable cause to make an OUIL arrest.
Sallyxyz
Wed, Sep 21, 2011 : 3:21 a.m.
How about a photo of Kevin Warren? We rarely see the mug shots of the perps on AA dot com. Why?
Kyle Feldscher
Wed, Sep 21, 2011 : 8:03 p.m.
We received a mugshot of Warren this morning from the county sheriff's department and have added that into the story.
craigjjs
Wed, Sep 21, 2011 : 12:35 p.m.
"Perp" - the noun of choice for law enforcement wannabes.
NHolmes
Wed, Sep 21, 2011 : 12:22 p.m.
Isn't there a presumption of innocence until proven guilty? Let's call him "the accused" until he's been convicted. Then he can be "the perp."
Tesla
Wed, Sep 21, 2011 : 12:12 a.m.
Lets at least give Mr. Warren some credit in this tragedy. He did call and report the accident and took responsibility after the fact at least.. Had he not called to basically turn himself in, it's very likely this case would remain unsolved.
paul yaskanin
Tue, Sep 20, 2011 : 10:48 p.m.
Why is it no surprise a cell phone was involved. That is in addition to the drunk driving. And in a monster truck! It is getting to be truly unbelievable that people cannot go more than 10 munutes without a cell phone stuck to their ear. This is for everyone that routinely drives around on the phone. His call, your call, whatever, it is not that important. If it is, pull over and park. Cell phone usage should be illegal in a moving vehicle. This is just more proof that given the opportunity, irresponsibility and personal "rights" to be irresponsible has gotten way out of hand.
David Briegel
Tue, Sep 20, 2011 : 9:27 p.m.
This is a terrible tragedy for both families! If, if, if, if only!
Merritt Lillie
Fri, Sep 23, 2011 : 5:20 a.m.
I agree it is not only tragic for us, but for the Warren family as well. Unfortunately there are no winners in a situation like this. My father even requested prayers for the Warren family as well at Gary's memorial service.
John of Saline
Tue, Sep 20, 2011 : 7:38 p.m.
I wonder if walking in the direction opposing traffic would help in this situation, giving you a chance to react to off-course vehicles? I'm just thinking of the how-to-avoid-this-kind-of-thing-while-walking aspect of the issue, not criticizing Gary at all.
Matt Cooper
Wed, Sep 21, 2011 : 1:24 a.m.
Cars moving towards you at night with their headlights on can blind you, thereby making it nearly impossible to remove yourself from its path.
Marilyn Wilkie
Tue, Sep 20, 2011 : 9:39 p.m.
It probably doesn't make much difference when someone is drunk, going around a corner and reaching for a cell phone on the floor.
cinnabar7071
Tue, Sep 20, 2011 : 8:56 p.m.
Agreed John, driving after dark scares the heck out of me. Years ago someone had put a orange and white barracade in the road and I never seen it. Lucky for me it wasnt a person. Please walk opposing traffic.
Bob
Tue, Sep 20, 2011 : 8:50 p.m.
that's what i was always told to do.. cause i don't like having cars come at me from behind and I've seen some cars ride very close to the shoulder anyways. .
Roadman
Tue, Sep 20, 2011 : 7:20 p.m.
Very sad. However, I have seen defense attorneys argue that there is no proof the person had been drinking immedately prior to the accident where no available witnesses can place the driver behind the wheel drunk. If a driver eats or puts anything in their mouth after the accident any Breathalyzer test is unreliable. The Breathalyzer exam also must be taken suffciently proximate in time to the accident to be reliable; two hours is usually the threshold where defense counsel can argue the result cannot reliably relate back to blood-alcohol level at the time of the incident. Even if a driver confesses to police he was driving the vehicle that confession can be excluded from evidence under the Corpus Delicti Rule, meaning there must exist independent proof to corroborate the confession before it is admissible into evidence. These are not often easy cases for a prosecutor to prove where no accident witness exists other than the defendant, who cannot be compelled to testify.
Matt Cooper
Wed, Sep 21, 2011 : 10:02 p.m.
And since when do you need third party corroboration when the suspect has been Mirandized and confesses on video tape? Guess what...You don't!
Roadman
Wed, Sep 21, 2011 : 2:46 p.m.
The article discloses no accident witnesses, Matt. Show me where I am wrong.
Matt Cooper
Wed, Sep 21, 2011 : 1:23 a.m.
Miranda v. Arizona: "You have the right to remain silent. Anything you say can and will be used against you in a court of law." Also, the scene interview was on video tape. Did you read the article?
Marilyn Wilkie
Tue, Sep 20, 2011 : 9:41 p.m.
Yes, unfortunately there are always ways a defense attorney can make the obvious seem technically wrong.
Tom Joad
Tue, Sep 20, 2011 : 7:01 p.m.
A cell phone is a sinister distraction in an automobile. Your only responsibility is driving the vehicle. Calls can wait. Who'd want to be on the receiving end of a conversation that resulted in a death because you played a small part in distracting the driver. The fact that this man drove drunk only makes his actions more reprehensible but the cell phone was the operative agent in this case.
Marilyn Wilkie
Tue, Sep 20, 2011 : 6:31 p.m.
May justice be served. R.I.P. Gary.
Merritt Lillie
Tue, Sep 20, 2011 : 9:32 p.m.
Thank you Marilyn.
RJA
Tue, Sep 20, 2011 : 6:28 p.m.
This is still so sad, apparently Warren didn't have a cell phone on him. (the victim may have) Only a drunk would drive home and make a call from there. I'm just thinking a quicker response could have made a difference in life or death. My heart goes out to the Lillie family.
Merritt Lillie
Tue, Sep 20, 2011 : 9:31 p.m.
Thank you RJA.
Dot
Tue, Sep 20, 2011 : 9:27 p.m.
First sentence - "The man accused of drunken driving in the death of Gary Lillie told police that he'd dropped his cell phone and was reaching to pick it up as his vehicle struck the veteran's advocate on Baker Road late on Aug. 4."