Man gets four years in vehicular assault

Published 9:35 am Thursday, February 17, 2011

A Proctorville man who caused a traffic accident that injured three children and two adults will spend four years in prison.

Judge Charles Cooper sentenced Houston McClung, 34, of 14542 State Route 7, to four years in prison for aggravated vehicular assault, driving with a suspended license, operating a vehicle while intoxicated and disobeying a traffic control device.

In September, McClung’s vehicle failed to stop at a stop sign at the intersection of State Route 7 and State Route 217. His vehicle struck a vehicle driven by Rachel A. Bailey, 29, of Acworth, Ga., who was driving northbound on State Route 7.

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All five occupants of Bailey’s car, including three children under the age of 10, were taken to the emergency room of Cabell Huntington Hospital. Bailey was treated and released.

Lawrence County Assistant Prosecutor Brigham Anderson said McClung had tested at three times the legal limit of blood alcohol content.

Cooper also ordered McClung to pay restitution in the amount of $19,980, fines of $650 and a six-months driver’s license suspension.

In other cases:

Susan K. Berry, 48, of 134 Private Drive 2404 Kitts Hill, pleaded not guilty to aggravated drug possession, a fifth-degree felony. Cooper continued a bond of $10,000 that was set in a lower court. A pretrial hearing has been set for March 2.

Rebecca Newcomb, 32, of 366 Township Road 267, Waterloo, pleaded not guilty to complicity to trafficking in marijuana, a fourth-degree felony. Judge D. Scott Bowling set a pretrial for March 2.

Newcomb’s husband, James Newcomb, 44, of the same address, was arraigned Tuesday on a charge of trafficking in marijuana.

The man pleaded not guilty. Bowling scheduled a pretrial hearing for March 2 and set a $50,000 OR bond.

Brian A. Kelley, 26, of 485 Township Road 247, Kitts Hill, pleaded not guilty to fifth-degree theft. Bowling continued bond from a lower court and added a $20,000 recognizance bond. A pretrial hearing has been set for March 2.

Michael Hankins, 32, of 601 Second St. E., South Point, admitted violating the terms of his community-controlled sanctions by testing positive for drugs and by committing new crimes. Hankins also pleaded no contest to a breaking and entering charge. Bowling sentenced the man to a total of 23 months in prison.

James Roth, 38, of Knoxville, Tenn., pleaded not guilty to fourth-degree receiving stolen property and tampering with the identifying numbers to conceal identify of a vehicle, a fifth-degree felony. Bowling set an OR bond in the matter and scheduled a pretrial hearing for March 30.

Donald Caldwell, 48, of 1132 County Road 19, Kitts Hill, pleaded not guilty to two counts of abduction and operating a motor vehicle while intoxicated. Caldwell allegedly wrecked in his vehicle while intoxicated, Bowling said.

When a vehicle with two people inside stopped to offer assistance, Caldwell allegedly forced his way into the vehicle and made the occupants drive him about a half mile, Bowling said.

Thomas Clay, 27, of 22895 State Route 141, Waterloo, pleaded not guilty to two counts of fourth-degree felony domestic violence. Bowling set a bond of $20,000 OR plus $5,000 cash or surety.