Charles Ray Owens Jr., 37, was found guilty of murder in March 2013 and sentenced to 40 years in prison.
The new trial comes after an appeal filed with the Sixth Appellate District Court. The expert witness, Dr. Thomas Allen, who was appointed by the trial court to examine Owens, testified Owens was competent to stand trial. Now, the appellate court has found that Dr. Allen does not meet "expert" qualifications. Allen's testimony was the only evidence that contradicted Owens' claim of incompetence to stand trial. The jury rejected Owens' claim during the original trial.
Owens' claimed he was incompetent because he was suffered amnesia beginning a few days before the fatal collision. He said the amnesia contined for a few days after the collision, too.
According to court documents, a trooper stopped Owens' truck for speeding. During the stop, the trooper discovered that Owens had an outstanding arrest warrant from Michigan. Owens had a child passenger with him, so the trooper agreed to allow Owens to drive home to drop off the passenger before submitting to arrest. The trooper followed Owens home, but as soon as the child got out of the truck, Owens sped off with the trooper in pursuit.
The high-speed chase ended when Owens' truck entered the intersection of East Loop 281 and Page Road and T-boned a burgundy Honda Accord, killing the driver, 62-year-old Robert E. Smith of Longview.
Tuesday, August 19 2014 4:10 PM EDT2014-08-19 20:10:07 GMT
The police chief for Gulf Shores along Alabama's coast is weighing-in on the actions of the law enforcement commander in charge of Ferguson, Missouri's in the wake of an escalating crisis brought on byMore >>
Gulf Shores Police Chief Ed Delmore wrote a blistering open letter to Captain Ronald S. Johnson, who was given command of law enforcement operations following days of looting and rioting in the city.More >>
Friday, August 22 2014 3:11 PM EDT2014-08-22 19:11:37 GMT
A 22-year-old woman and a 4-month-old baby are recovering in the hospital after being struck on the sidewalk in a hit-skip accident. The driver is in custody, but the passenger remains on the run. More >>
A 22-year-old woman and a 4-month-old baby are recovering in the hospital after being struck on the sidewalk by a driver who didn't stop at the scene of the accident. The driver is in custody, but the passenger remains on the run. More >>
A fisherman off the coast of Bonita Springs, Florida thinks he has a pretty nice catch. As he reels in a four-foot shark, his catch is stolen by an even bigger fish. A massive grouper pulls the sharkMore >>
A massive grouper steals a four-foot shark from a fisherman's line off the coast of Florida.More >>