UPDATE: DAY 3 - Testimony concludes, jury deliberations expected - WRCBtv.com | Chattanooga News, Weather & Sports
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Benjamin Brewer sits in court Wednesday. WRCBtv.com photoUPDATE: Deliberations will begin Thursday in the case against Benjamin Brewer.
The eastern Kentucky truck driver is charged with 12 counts related to the crash that killed six people and hurt six others in June 2015.
READ MORE | UPDATE: Day 2 States rests in Benjamin Brewer trial
Prosecutors say Brewer was high on meth at the time of the crash but the defense says Brewer fell asleep behind the wheel.
Both sides rested after calling 17 witnesses to testify on the stand.
They ranged from people in the crash to various experts.
The defense called their first witness Wednesday morning, a truck driver from Ohio that testified he was behind Brewer at the time of the crash.
"So the first move would have been with the wheel. This was the first thing, then the brake lights came on and we were in the center lane," Todd Fortune testified.
The defense brought in Dr. Robert Belloto from Ohio as their own expert toxicologist. He testified Brewer's blood test results weren't through and that meth may not have been in Brewer's blood at the time of the crash.
Belloto also pointed out the results didn't differentiate between two different types of meth.
It's another way the defense is trying to prove that Brewer was not high on meth at the time of the crash.
"I would keep digging. What else is there that would rather confirm or say it’s not," Belloto testified.
"Was that done is this case?" Defense attorney Mike Little asked.
"I wouldn’t say it was done but there’s definitely information that would say it’s probably not methamphetamine," Belloto replied.
A lot of people have been following the trial, including Richard Chapman from Ringgold.
READ MORE | UPDATE: Day 1 of truck driver Benjamin Brewer's trial is complete
He came to the courtroom Wednesday to see the man on trial with his own eyes.
"I wanted to see his body movements and see what his reactions were. This is the first testimony that I've heard was the gentleman that was up there, so I just wanted to see his reactions," Chapman said.
When asked if he thought Brewer was guilty or innocent of causing the crash, Chapman said: "Based on what I've heard, I would definitely say he is responsible for the deaths of those people. And what kind of judgment should be rendered in that case, I don't know," Chapman said.
It will be the jury's job to decide Brewer's fate.
They will return Thursday morning to begin deliberations.
Stay with Channel 3 for updates.
Channel 3's Michelle Heron is in the courtroom and tweeting live updates from the trial. Her posts can be seen below.
Breaking: Court ending for the day. Judge recommends ending and picking alternate tomorrow and starting deliberations then. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Pinkston: It was wrong and that's why he's guilty. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Defense is finished. District attorney is up. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Underwood points to statement nurse claims Brewer made about "What's done is done, can I go home now." Says it doesn't make sense that Brewer wouldn't say that to an officer or that no one else heard it. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Underwood: Much of the state's case was intended to cloud your judgement. Points to nurse who drew Brewer's blood, says she injected emotion to try and cloud judgement. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Underwood: If he's not intoxicated, then he's not guilty. It's really that straight forward. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Defense attorney Jay Underwood is giving closing arguments on behalf of Benjamin Brewer. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Carrion: Benjamin Brewer is standing before you asking the same thing. "What's done is done. Can I go home now." You don't get to injure four people and get to go home. You don't get to kill six people and get to go home. He didn't get it then, he doesn't get it now. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Carrion tells jury to write guilty six times by vehicular homicide on their jury form. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Carrion: Benjamin Brewer tested positive for methamphetamine. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Carrion mentions the defense's claim that Brewer fell asleep. She points to Brewer's written statement: "I seen brake lights and couldn't stop." Carrion: Sleeping people don't see brake lights. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
In order to find Brewer guilty of vehicular homicide by intoxication, the state has to prove three things: The victims were killed by the defendant's operation of a motor vehicle, the killings were a result of the driver's intoxication, and the defendant acted recklessly. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Carrion: At the end of all the evidence, after you've seen the photos, the end of the testimony. You know what I've told you is true. You know what he was referring to when he said, What's done is done. Can I go home now? @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Prosecutor Crystle Carrion is up. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Jury is back. Closing arguments are about to start. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Defense moves for acquittal for same reasons as earlier. Judge denies motion. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
BREAKING: Defense rests in Benjamin Brewer trial. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
BREAKING: Brewer is waiving his right to testify in his trial. @WRCB pic.twitter.com/xH4MUe5soX
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor: Just because you're taking a drug and cross over the line doesn't mean you're impaired. That's crazy. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor: Most drugs don't impair driving. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor: When I run a test, I can get a false positive, which this is an example of. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor can't remember if he reviewed the law enforcement file. Says he didn't review Chief Hickman's DRE evaluation. Can't remember if he reviewed statements from Brewer. "I was hired for the chemistry. That's what I spent my time on." @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Cross examination now happening with the doctor on the stand. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Defense: What's your opinion of Ms. Quinn's work?
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor: Not the best that I've reviewed. I would not make a call that it's methamphetamine. @wrcb
Doctor is testifying about different kinds of methamphetamine. There's a kind that is used in medicine, and the illegal kind. In testing, doctor says should have been noted. @wrcb
— Michelle Heron (@MichelleWRCB) January 24, 2018
Defense: Is this reliable?
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor: No. For two reasons. @wrcb
Doctor: Was it really contamination or was it something he was inhaling? @wrcb
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor: This wouldn't be the first time there is contamination in a lab. It should have been disclosed that there was something there. I was the one that actually informed you (defense) of what it was. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor: you have an overlap of other compounds coming off at the same time. @WRCB pic.twitter.com/g7odf9OYKd
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor: There's enough evidence in this packet to say it was probably not methamphetamine. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Doctor: "I have more than one compound coming off at the same time." The software will give you a percentage of a match that is. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Looking at Brewer’s results to the toxicology test again, specifically meth. @WRCB pic.twitter.com/oLHNuftYWh
— Michelle Heron (@MichelleWRCB) January 24, 2018
This Dr. Robert Volotto, from Dayton, OH. Unsure if proper spelling. @WRCB pic.twitter.com/uzI7ZidX11
— Michelle Heron (@MichelleWRCB) January 24, 2018
Back after delay. Defense calling next witness. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Jury is being shown dash cam video from when Brewer was being transported to CPD after crash @WRCB pic.twitter.com/QWP1VvBQhe
— Michelle Heron (@MichelleWRCB) January 24, 2018
Pinkston points out in Fortune's statement to police didn't include seeing Brewer hit the brakes. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
State is cross examining Fortune. "What made you notice the truck Mr. Brewer was driving?" Fortune replies, "Nothing." @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Fortune says the governor on his truck wouldn't allow him to go faster than 64 MPH. Estimates Brewer was going about 65 MPH. "We were staying right there." @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Fortune: The first thing I noticed, he jerked the wheel like this. The trailer moved and then the brake lights came on. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Fortune says he followed Brewer for about 5 miles before the crash. Didn't notice anything remarkable about his driving. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Defense calls their first witness, Ohio truck driver Todd Fortune. @WRCB pic.twitter.com/ezMH9i2bib
— Michelle Heron (@MichelleWRCB) January 24, 2018
Judge: I do think a jury could find the defendant is guilty beyond a reasonable doubt. Denies motion for acquittal. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Pinkston: There's evidence of no preimpact or post impact braking. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
District Attorney Neal Pinkston is speaking now. Ms. O'Leary has been the only person to suggest he dozed off. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
O'Leary: Because of those issues with recklessness and intoxication, we move for acquittal. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
O'Leary: There's been no evidence presented about when he took breaks, when he slept. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
O'Leary: Chief Hickman's conclusions are unreliable. He admittedly didn't follow procedure. His results were wrong. His test is unreliable. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Defense attorney Erinn O'Leary is presenting a motion for acquittal. Evidence fails to establish guilt beyond a reasonable doubt. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Judge: I see no reason to exclude the test. I will deny your motion to exclude that evidence. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Judge: There was extensive cross examination. She explained what it was and her reasoning for testing. Apparently the defense had some knowledge of it because they were able to cross examine her extensively. The jury has the right to determine if that did have an effect. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Little: That testimony should be stripped from the record. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Little: We should have known that before trial, we could have had extra testing done. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Defense attorney Mike Little: There were no notes about [contamination] in her packet. There was never any mention of the fact that there was a contaminated product used in their testing. It was a surprise to us at trial. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Defense attorneys are discussing issues with testimony from TBI forensic scientist about blood test. Jury is out of the room. @WRCB
— Michelle Heron (@MichelleWRCB) January 24, 2018
Ravaged by a neurological disorder that would not respond to traditional treatments, Gage Henry's family turned to cannabis oil, a form of “medical marijuana,” and found almost-immediate relief.
MoreRavaged by a neurological disorder that would not respond to traditional treatments, Gage Henry's family turned to cannabis oil, a form of “medical marijuana,” and found almost-immediate relief.
MoreSix people who were part of the roundup were already in custody in other jail systems when the charges came down.
MoreSix people who were part of the roundup were already in custody in other jail systems when the charges came down.
MoreJurors deliberated for six hours before finding Brewer guilty of six counts of Vehicular Homicide by Intoxication, four counts of Reckless Aggravated Assault, Driving Under the Influence and Speeding.
MoreJurors deliberated for six hours before finding Brewer guilty of six counts of Vehicular Homicide by Intoxication, four counts of Reckless Aggravated Assault, Driving Under the Influence and Speeding.
MoreBrewer has been charged with 6 cases of vehicular homicide in the horrific 2015 crash on Interstate 75 at the Ooltewah exit.
MoreBrewer has been charged with 6 cases of vehicular homicide in the horrific 2015 crash on Interstate 75 at the Ooltewah exit.
MoreWednesday morning the defense takes its turn calling witnesses in the Benjamin Brewer trial.
MoreWednesday morning the defense takes its turn calling witnesses in the Benjamin Brewer trial.
MoreThe man charged in the deaths of six people in a 2015 interstate crash is on trial Monday in a Chattanooga courtroom.
MoreThe man charged in the deaths of six people in a 2015 interstate crash is on trial Monday in a Chattanooga courtroom.
MoreJury selection is underway in the Benjamin Brewer trial. Here's a timeline showing the process to where we are now.
MoreJury selection is underway in the Benjamin Brewer trial. Here's a timeline showing the process to where we are now.
MoreThe jury is made up of 12 men and four women from Nashville.
MoreThe jury is made up of 12 men and four women from Nashville.
MoreThe Benjamin Brewer trial is expected to start on January 22, 2018.
MoreThe Benjamin Brewer trial is expected to start on January 22, 2018.
MoreBrewer faces a number of charges including DUI in the 2015 crash that killed six people on Interstate 75 in Ooltewah.
MoreBrewer faces a number of charges including DUI in the 2015 crash that killed six people on Interstate 75 in Ooltewah.
MoreThe 39 year old faces a number of charges including DUI in the 2015 crash that killed six on I-75 in Ooltewah.
MoreThe 39 year old faces a number of charges including DUI in the 2015 crash that killed six on I-75 in Ooltewah.
MoreChannel 3 reporter Kelly McCarthy has been in the courtroom following the hearing for Benjamin Brewer, the man charged in the June 2015 crash that killed six people in a work zone at exit 10 on I-75 North.
MoreChannel 3 reporter Kelly McCarthy has been in the courtroom following the hearing for Benjamin Brewer, the man charged in the June 2015 crash that killed six people in a work zone at exit 10 on I-75 North.
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