Attorney: Missing blood not key to case

The lawyer for a man charged with reckless driving in a crash that killed another man says prosecutors lack substantial evidence against his client.

In his brief filed in Augusta County Circuit Court last week, Duane Barron argued the reckless driving charge filed against Dale Michael Pleasants, 31, of Waynesboro, stood on shaky legs at best.

Authorities charged Pleasants in October 2008 after he smashed his truck head on into a pickup along U.S. 340, killing Steven Patrick Henry, 29, of Stuarts Draft, according to authorities and court records.

Three tubes of blood taken from Pleasants at Augusta Health, where he was treated after the crash, were discarded because authorities failed to request either a blood test or the blood itself, authorities and hospital officials said. That has sparked finger-pointing among some officials, but Barron said that dispute obscures an important point: the lack of evidence against Pleasants.

“No one knows what happened to cause this accident,” Barron wrote. “No one can conclusively say that there were no defects that contributed to the loss of control of the vehicle.”

Barron said a number of unknowns raise questions about the case.

“Accidents happen, and they’re tragic,” he said. “We all feel bad, and we all know that if we could go back, we would change things. The obsession with blaming, I think, is hurting us.”

Barron said there is no conclusive evidence that Pleasants drove under the influence, neither in medical records nor in his own statement to a state trooper.

“Dale Pleasants shouldn’t have been driving,” he said. “He didn’t have a license. But that’s not reckless.”

Barron said lots of people forget to drive with their driver’s licenses everyday, but they don’t all deserve reckless driving charges.

According to Department of Motor Vehicle records, Pleasants signed a form July 10, 2008, to set up a payment plan for his latest offense. The form instructs the signer that “if you don’t pay it, your license will be suspended,” Barron said.

Pleasants didn’t pay, the attorney said, but he also didn’t receive written notice of his suspended license until Nov. 1, 2008, a day after the wreck.

“He didn’t realize,” Barron said. “You could argue that he should have known, but he didn’t have actual notice of suspension. That could happen to any of us. That doesn’t have anything to do with the conduct of my driving.”

Barron also cited the evidence in the court record that Pleasants’ headlights were out while driving. The crash report indicated the headlight knob was pulled in the “on” position.

Barron argued an electrical problem might have contributed to the crash.

Augusta County Assistant Commonwealth’s Attorney Rupen Shah has said Pleasants’ extensive record of traffic violations reflects an irresponsibility that led to a man’s death.

“His behavior was reckless in itself because he didn’t have a headlight, and he didn’t have a driver’s license,” Shah said. “It’s outrageous.”

Barron said Pleasants is sorry for Henry’s death.

Pleasants is scheduled to appear in court Aug. 2 before Judge Victor V. Ludwig.