Sunday, March 22, 2015

John Clark Burns Jr. Faces April 28th Court Date

Lauderdale County Mug Shot
From the Wayne County News:

On Tuesday, February 27, 2015 John Clark Burns, Jr. 26 of Florence, AL was booked into Wayne County Jail when he turned himself in on a warrant issued for his arrest. He has bonded out on a $10,000.00 bond. Burns has been charged with vehicular homicide in connection with an accident in the early hours of September 9, 2013 when, according to a THP report, he was traveling too fast to safely maneuver a sharp curve and traveled up an embankment and into the Old Darby Store in Cypress Inn. His girlfriend, Brittany M. Underwood of Tuscumbia died in the crash and subsequent fire that ignited after the impact. Burns was injured and air flighted to Vanderbilt Medical Center. According to an article in the Times Daily, Brittany’s family has filed a $5,000,000.00 law suit against a Florence nightclub for serving a visibly intoxicated person and letting him leave without offering alternative transportation. The outcome of the case is still pending. Before the fatal accident, Burns had been arrested for DUI. The preliminary hearing for Burns is scheduled for Tuesday, April 28, 2015 in General Sessions Court at the Wayne County Criminal Justice Center.


In Tennessee, Vehicular Homicide is codified as: 

(a)  Vehicular homicide is the reckless killing of another by the operation of an automobile, airplane, motorboat or other motor vehicle, as the proximate result of:
     (1)  Conduct creating a substantial risk of death or serious bodily injury to a person;
     (2)  The driver's intoxication, as set forth in § 55-10-401. For the purposes of this section, “intoxication” includes alcohol intoxication as defined by § 55-10-408, drug intoxication, or both; or
     (3)  As the proximate result of conduct constituting the offense of drag racing as prohibited by title 55, chapter 10, part 5.
(b)  (1)  Vehicular homicide under subsection (a)(1) or (a)(3) is a Class C felony.
     (2)  Vehicular homicide under subsection (a)(2) is a Class B felony.
If convicted, the sentence may range from eight to 60 years, depending upon the defendant's previous record.


We've been asked if we have an update on the Underwoods' lawsuit against On the Rocks, the Court Street bar where Burns was alleged to be drinking immediately preceding the accident.  We do not.


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