Smyrna Man Involved in Fatal Wreck Goes Before Judge-Erika Kurre

The man police believe was driving drunk before a fatal car wreck on I-24 Sunday night appeared before a judge Thursday.

A grandmother died in the crash and a child was critically injured.

Kevin Fleet is facing a grand jury with charges of vehicular homicide and four counts of vehicular assault.

Entering the courtroom and sitting between attorneys, Kevin Fleet is teary-eyed as he faces what happened Sunday night.

Defense attorney Rich McGee says, "There was a wreck. We don't know who caused it, we don't know how it occurred."

Police say Fleet appeared to have been drinking when the front of his truck collided with the back of the Chevy Tracker Malindy Raymer, her two daughters, her grandson and a boyfriend were riding in along I-24.

Metro police officer says Caleb Foster says, "Rear driver-side damage, the entire back driver side corner of the vehicle was crushed inward toward the center of the vehicle. Pretty much, there was no driver seat to be seen in the vehicle whatsoever."

45 year old Malindy Raymer died hours later.

Her grandson was critically injured and her pregnant daughter gave birth through an emergency c-section.

Metro police officer Andrew Nash says, "Looked like a head injury. She had blood on her face."

Hearing details of the night seem painful for Fleet.

He spent most of the hearing in tears, wiping his face.

As evidence is presented to try him before a grand jury, officers talk about what they found in his car that night.

Officer Foster says, "2 unopened bud light cans, approximately 3 crushed empty bud light cans. And there was 1 bud light bottle that was mostly empty sitting inside of it."

But according to Fleet's attorney, these accounts aren't proof enough that he was alcohol-impaired or caused the accident.

He requested the vehicular homicide case be dismissed.

Judge Angelita Dalton and the state's prosecutor disagree.

Prosecutor Rebecca Valiquette says, "I think there is more than enough probable cause to bond every single one of these cases over to the Davidson County grand jury."

Fleet could appear in front of a grand jury on all charges in as early as two months.

He was being held in the Davidson County jail under $150,000 bond, but bonded out today.

Raymer's grandson has been released from children's hospital.Smyrna Man Involved in Fatal Wreck Goes Before Judge-Erika Kurre

Posted: Thursday, October 29 2009, 04:54 PM CDT