Charges against Waynesboro man in fatal crash dismissed

STAUNTON – A Waynesboro man walked free Monday from Augusta County Circuit Court in a case marred by fingerpointing, poor police work and one man’s tragic death.

Judge Victor V. Ludwig walked attorneys through his decision to dismiss the felony reckless driving charge against Dale Michael Pleasants, 31, citing a lack of conclusive evidence and a state police report riddled with mistakes.

Two years ago, Pleasants smashed his truck head-on into a pickup along U.S. 340 on an October night, killing Steven Patrick Henry, 29, of Stuarts Draft, according to authorities and court records.

The wreck sent Pleasants and Henry to hospital emergency rooms.

In a recent legal brief, Assistant Commonwealth’s Attorney Rupen Shah argued Pleasants drove intoxicated, without his headlights on, over the
speed limit and on a revoked license.

But because a state trooper assumed hospitals automatically check blood-alcohol levels, three tubes of blood taken from Pleasants wound up being tossed out by Augusta Health in Fishersville, authorities and hospital officials said.

That quashed any chance of learning whether Pleasants drove while intoxicated, Shah said.

“It has been a struggle with this case from the get-go,” he said Monday. “Instead of attending to the crime scene, [the trooper] was removed to notify the victim’s family. Usually the trooper will follow and get the blood right then and there.”

Documents show Trooper Aaron Tucker Coffey worked as the investigating officer on the crash. Coffey’s supervisor, 1st Sgt. Scott VanLear, was unavailable Monday evening to comment on who ordered Coffey to forgo evidence collection to notify the victim’s family.

At Shah’s request, Special Agent Dino Cappuzzo of the State Police Bureau of Criminal Investigation was brought in to assist with the case.

VanLear has said it was the first time in 22 years as a state trooper he’s seen a BCI investigator work a fatal crash case.

Ludwig said the subsequent state police crash reconstruction report included mismatched and incorrect information about the two vehicles involved in the crash – enough to cast doubt about speeds of the vehicles.

“The report is a picture of confusion,” Ludwig said. “At the end of the day, we’re left with Mary Tyler, the only witness.”

In a statement to police, Tyler said she believed Pleasants traveled at about the 45 mph speed limit.

As he concluded his findings, Ludwig at last turned to the matter of driving on a revoked license.

"The essence of the offense of reckless driving does not rely on the license, but how he was driving,” Ludwig said.

After the hearing, Henry’s family, some from as far away as North Carolina, consoled each other in their loss. Though stirring with grief, the family said it is their “duty to forgive Dale Pleasants for what he did.”

“We hope that laws would be changed,” said Tara Desmond, Henry’s sister. “That if you’re driving without a license then it’d be considered reckless.”

Shah concurred.

“We do intend to submit a change to the legislature,” he said. “And we’ll shore up support. I do encourage people to write to their legislators in reference to this case.”

In interviews and a submitted court brief, Public Defender Duane Barron said the Commonwealth lacked the conclusive evidence to convict his client.

“Accidents happen, and they’re tragic,” Barron said in a June interview. “We all feel bad, and we all know that if we could go back, we would change things. Dale Pleasants shouldn’t have been driving – he didn’t have a license – but that’s not reckless.”

Department of Motor Vehicle records show violations on Pleasants’ record dating back to 2000. The seven-page file includes, among other items, violations for speeding, driving without a license and numerous suspensions.