Court Watching: Joshua Morris to face charge of reckless driving causing death

Joshua Lee Morris, who testimony shows was driving his 1997 Chevy Malibu at 80 to 90 mph on a bumpy, gravel-covered Morton Taylor Road when it hit a tree and killed his passenger, has been bound over to circuit court to face a charge of reckless driving causing death.
Morris, 25, had a preliminary exam on March 29 before 34th District Court Judge Brian A. Oakley with three witnesses testifying.
First witness was Canton Fire Fighter Frank Rehling, who was first on the scene at the July 6, 2014 accident ¼ mile north of Van Born Road on Morton Taylor, where he found “a messed up vehicle in the trees.”
Wayne County Assistant Prosecutor John Cayce entered into evidence 12 pages of pictures, with four pictures on each page, showing the accident scene.
Rehling said there were fresh gouges in the trees in the heavily wooded area and the car had gone off the road over a small ditch and the car had straddled the ditch.
Rehling said fire fighters were trying to get the people out and had to cut the car up. He said he was standing on the hood, cutting the roof to get the driver out. The steering wheel had to be pushed up to free the driver. He said both occupants were in their seats.
Rehling said the driver was verbal at times, but the passenger was pushed back almost into the back seat and was non-communicative. He identified Morris as the driver.
He said they could not extricate the passenger. Firefighters worked on him, but they were not successful.
Next witness was Van Buren Township Officer David Champagne who was called to the scene about 2 a.m. in a patrol vehicle. He testified Canton Township police and fire fighters were there working to get the men out of the car.
He said he grabbed a camera from a fire department rig and took pictures of everything he could. He said he placed orange traffic cones to mark the yaw, which he explained were the marks the vehicle made as it left the road.
As he described the scene, defendant Morris sat with his head down and his eyes shut.
Rehling said there was heavy damage to the passenger side and this encroached to the driver’s side. He said there was interaction with the driver, who was removed from the car and loaded into the ambulance. The driver responded to him, but the passenger was not responsive.
He said the passenger, Marcus McIntosh, had been pronounced deceased.
Officer Champagne said the tree the vehicle hit was 7-8 inches round and missing bark. He said he is 6’2” tall and the missing bark was over his head.
Third witness was VBT Officer Mark Buxton, who was a detective at the time. He was on call and was called to the scene between 2 and 2:30 a.m. He was the first one from the accident investigation team to arrive.
He said Marcus McIntosh was still in the vehicle. The back of his seat had crushed back and he was lying there.
Officer Buxton testified that Morton Taylor dead ends at the railroad tracks beyond the point of the accident, but there is a drive at the end to a junkyard to the east.
He testified Morton Taylor is paved south of Van Born and a dirt road north of Van Born. Prosecutor Cayce introduced as evidence Google maps showing the area, including the stop sign where Morton Taylor meets Van Born heading north.
He also introduced a field sketch done by Officer Sweet that records the tire marks, tree lines, road names and reference points.
Officer Buxton testified that he stayed out of the way until the other accident investigation team members arrived and started measuring.
He said the yaw mark (side skid) is initiated by steering, sliding sideways while going forward. He described the technical way they calculated the movement and how they came up with an estimate of traveling 80-90 mph prior to leaving the roadway. He said 55 mph is the speed limit on that road.
“Based on the evidence, the vehicle had to come from Morton Taylor and did not make the turn [from Van Born]. There were no signs on Van Born,” Buxton said. He added the evidence was not consistent with a stop at the stop sign.
Defense attorney Murray Duncan cross-examined Buxton and suggested the 1997 Chevy Malibu could have stopped at the stop sign and then accelerated to the 80-90 mph speed within the 150’ north of Van Born, when it hit the tree.
Buxton said the accident hasn’t been reconstructed yet, but will be if this case goes to trial. Duncan had Buxton explain his education and certifications in accident investigations.
Buxton said he calculated the speed in one other accident than this one. Buxton testified Morton Taylor was in very bad condition with potholes 3-4” deep. He explained that a set of power lines marks the VBT border in that area and although Canton was called to the scene first, it turned out to be VBT territory.
Prosecutor Cayce entered more evidence including the medical examiner’s report and drawing of the injuries. McIntosh died of multiple injuries in an accident, according to the medical examiner.
Cayce asked Judge Oakley to bind Morris over to circuit court on the charges.
Defense attorney Duncan questioned testimony on the speed. He said it was dark, the road was in bad shape and 55 mph was the speed limit and they were speeding. He said it was reckless driving, but there was no intent to put a person in jeopardy.
Cayce replied “reckless” is absence of intent. He said it was reckless to go so fast, well in excess of the speed limit, and blowing through a stop sign. If he stopped, he zipped it up to speed, Cayce said.
“I agree. You have met the burden for probable cause,” Judge Oakley said, binding Morris over for a 9 a.m., April 12, arraignment on the information at the Frank Murphy Hall of Justice in Detroit.
Morris is the defendant who, according to previous testimony, allegedly become mute after being charged in the accident. His mother held his arm and assisted him out of the courtroom. He is free on $5,000 personal recognizance bond. Morris is labeled a habitual offender.
Also present in the courtroom audience was the mother of the young man killed in the accident, Camille Woods of Van Buren Township.
Wisam Louis Mansour
The preliminary exam for Wisam Louis Mansour, 47, was adjourned until 8 a.m. April 13 before Chief Judge Tina Brooks Green when two sign language interpreters will be present to interpret for both the defendant and the complainant, who are both deaf.
Mansour is charged with criminal sexual conduct first degree, home invasion first degree, CSC second degree, CSC assault, and stalking in Van Buren Township on Jan. 6. Officer in charge of the case is VBT Detective Ken Toney.
Stephen Peter Kovach
The preliminary exam of Stephen Peter Kovach, 63, was adjourned for two weeks until 10 a.m. April 12, at the request of his defense attorney Murray Duncan.
Kovach is charged with operating while intoxicated-third, driving while license suspended, and failure to have vehicle insurance in the City of Belleville on Dec. 14, 2015. Officer in charge of the case is Belleville Officer Jeff Wickham.
Kovach is free after posting bond of $15,000/10%.