Dalton man sentenced to probation for wreck that left Calhoun man paralyzed

Published 10:05 am Wednesday, April 25, 2018

DALTON, Ga. — A Dalton man was sentenced to five years probation, must pay $5,000 in restitution to the victim and perform 240 hours of community service after pleading guilty Tuesday in Superior Court to serious injury by vehicle for a wreck that left a Calhoun man paralyzed from the chest down. The victim did not want prison time for the man.

Tylor O’Dell Adams was traveling south on Abutment Road in Dalton at 8:07 a.m. on Jan. 25, 2016, in a 2005 Pontiac G6 which crossed the center line into northbound traffic, hitting a 2001 Toyota Tacoma driven by Ronald Townsend, 49 at the time, head on, according to the Dalton Police Department. The crash happened just south of the intersection of Abutment Road and the Antioch Road cutoff.

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“Adams fell asleep while driving,” said District Attorney Bert Poston. “No other traffic violations, no intoxicants, nothing like that.”

Poston said Adams was on his way to work and was very sleepy.

“He had fallen asleep at a traffic signal earlier that morning but thought he would be OK if he could make it to work,” Poston said.

Adams also faced a charge of reckless driving.

“Reckless driving requires criminal negligence,” Poston said. “There are no Georgia cases that determine if or when a person falling asleep while driving can be guilty of criminal negligence and thus reckless driving. There are cases from other states which hold that falling asleep while driving standing alone is simple negligence. However, choosing to continue to drive after falling asleep or otherwise under circumstances such that you should have known you were at an increased risk to fall asleep can be criminal negligence. It would basically be a jury question.”

Poston said Adams “wanted to accept responsibility for the harm that he unintentionally caused.”

“Mr. Townsend’s life has obviously been radically changed by this wreck and there’s nothing we or Mr. Adams can do to fully make that right,” Poston said. “However, Mr. Adams is also a young man, 24, who obviously did not intend the harm that resulted but wanted to take responsibility nevertheless. Mr. Townsend asked that we not seek incarceration for Mr. Adams and understood that there was no way Adams could ever pay the medical bills. Both men had insurance, but nowhere near the coverage that would have been needed. We agreed to a token amount of restitution and Mr. Adams agreed to waive any legal defense he might have … and to plea to the felony charge.”