Alleged Drunk Driver Could Face Death Penalty

The Whitley County prosecutor wants Raymond Garner, charged with capital murder, fetal homicide, assault and other DUI related charges to be held responsible in the ultimate way.

Garner, accused of being drunk behind the wheel and causing an accident that killed Cindy Haas, 7 months pregnant and 8 year old Gus Pontikis, is now charged with capital murder.

“Where the murder, homicide is the result of wanton activity, not intentional activity, there is a legal question of whether the death penalty is available,” says Commonwealth’s Attorney Allen Trimble.

Not only is Garner accused of killing a pregnant woman and a child and injuring four others, this is the 3rd time Garner has been in trouble for DUI. Garner was convicted of DUI in May of this year in Clark County and also in February of 2003 in Boone County.

Police say Garner caused the accident when Kentucky law prohibited him from driving in the first place. His license was suspended after the May accident. And the prosecutor says victims' families are paying the price.

“We got kids still in the hospital, and all these deaths. I'm sure the family is having issue in putting their lives back together,” says Trimble.

Garner meanwhile isn't expected to get out of jail anytime soon. His bond stands at 5 million dollars.

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