Gerald pleads guilty to killing 7 in DWI wreck

A Greensburg man who pleaded guilty Monday to killing seven people in a May 30 head-on collision wants to take full responsibility for his actions, his attorney said.

Brett G. Gerald, 30, in his first appearance before 20th Judicial District Judge William G. Carmichael without having to use a wheelchair, answered “guilty” seven times when asked how he pleaded to each vehicular homicide count.

“He did not want to put the victims’ families, or his own family, through a trial, so as a result he took those actions. It was his decision completely,” defense attorney Tommy Damico said.

Carmichael set a March 12 sentencing hearing for Gerald, who was scheduled to go on trial Tuesday.

As a result of the pleas, Gerald faces five- to 30-year prison sentences on each count and possible fines ranging from $2,000 to $15,000 per count.

District Attorney Sam D’Aquilla said Gerald was not offered a plea bargain in the case, and Carmichael will determine the sentence after he receives a pre-sentence investigation report from the state Office of Probation and Parole.

Five people in a 1996 Mercury Grand Marquis driving on La. 67 about a mile south of the Comite River in East Feliciana Parish died instantly in the collision with Gerald’s 2007 Dodge pickup: the driver, Brenda Gaines, 64; Denise Gaines, 33; Diamond Johnson, 12; Jyran Johnson, 6; and Angela Matthews Mosely, 36, all of Baton Rouge.

Two other passengers, Willie Gaines Jr., 15, and Rogerick Johnson Jr., 13, also of Baton Rouge, died several days later.

All but Mosely were members of the same extended family.

They had attended a service at a Clinton church pastored by Mosely’s father and were traveling home to Baton Rouge when Gerald’s vehicle crossed into their lane of traffic, narrowly missing a vehicle traveling ahead of the Gaines’ car.

Gerald had been celebrating his 30th birthday at a Zachary restaurant and bar before the collision.

A state trooper who investigated the crash testified earlier that an analysis of a blood sample taken at Lane Regional Medical Center showed Gerald’s blood-alcohol content was 0.15 percent.

In Louisiana, a blood-alcohol content of 0.08 percent is considered presumptive evidence of drunken driving. Gerald had three other DWI arrests before the crash and one conviction.

D’Aquilla said the victims’ survivors will be able to offer testimony at the March 12 hearing on how the losses affected them.

“I’m glad he took the plea and stood up like a man to own up to what he did,” said Alvin Matthews, Mosely’s brother. “We understand the (sentencing) decision is up to the judge. We pray the right thing will be done, which I believe it will be,” he said.

Matthews’ brother, Calvin Matthews, said the collision affected three families and sparked different emotions in each.

The survivors were united in demanding justice for their loved ones, “but we were not trying to make a circus out of everything,” Calvin Matthews said.

John Gaines Sr., the husband of Brenda Gaines, said the Gaines family understands the outcome is now in the judge’s hands.

“Our main thing is here is not to be vengeful. All we want is fair justice. We’re not out for blood; we’re not here to create any problems, just justice. I lost six people, and we don’t want the man to get away with five or 10 years,” John Gaines Sr. said.

Brenda Sinclair, a victim’s advocate for Mothers Against Drunk Driving, said pleading guilty was a “no-brainer,” but the pleas also spared the families the horror of listening to gruesome testimony in a trial.

“I hope other people understand that if they drink and drive, this can happen to them just as well,” Sinclair said.

Damico said defense experts asked to look at the evidence came to the same conclusion as the state’s experts.

After looking at the defense experts’ reports, “we determined that the accident happened as alleged,” Damico said.

On Damico’s advice, Gerald has not addressed the victims’ families to express his remorse, the defense attorney said.

“But he will address them. He is remorseful; he has been remorseful from the start,” Damico said.


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Comments (29)


1) Comment by jeffwgreen - 21/04/2013

I want to know why BR resident Joey Branch who was also drunk when he killed someone two years ago is still walking around FREE?..

2) Comment by Bouncer - 19/12/2012

I HOPE HE IS RAPED TO DEATH IN PRISON.

3) Comment by chem - 12/12/2012

Gerald made a deliberate decision to drive after partying to celebrate his 30th birthday. He had twice the alcohol content in his system that the law allows. Gerald chose not to call a taxi or have someone drive him home. Had he taken any of those alternate routes, 7 people would be alive today and Gerald would not be in jail facing a possible life sentence (210 years). I don't feel sorry for this guy. And of course, it is not his first DUI. Let him rot in jail until he dies. He'll have a long time to ponder his fateful decision.

4) Comment by chem - 12/12/2012

so how much is a life worth? I feel sorry for Gerald's family also, but he is still alive. Brett Gerald killed 7 people. I cannot presume to know the anger and grief of the Gaines family and others that are survivors of the dead. So I ask again, what is a life worth? Brett Gerald should not see freedom for the rest of his life. It is time we really get tough on drunk drivers. I hpoe the judge gives Gerald the maximum.

5) Comment by DMJ - 12/12/2012

5-30 years for each count (7)? He'll die in jail. Sounds like justice to me.

6) Comment by ABayouBoy - 12/12/2012

OK. I can see most of the positions stated here. I would be more inclined to see the more violent offenders made an example of, though.

7) Comment by Elderly Man - 11/12/2012

ABayouBoy, I am an old Georgia boy, a good ole boy. Mr. Gerald did make a poor decision. He did not premediate murder. He did kill seven innocent people because he made a decision to drink and drive. I was extremely open to recovery programs and treatment for offenders during my work years. I trained at one of the very best universities in substance abuse counselling and one of the top private training programs. I love 12-Step Programs. Many offenders with whom I worked and whom I supervised thanked me for my help though I confess I was never perfect. I voluntarily gave up driving some years ago because of age-related perception problems and reaction time. I believe that the offender still needs treatment but his conduct has outcomes that transcend his treatment. He will have, one hopes, many decades to deal with his recovery in prison where he belongs. We have to stop letting drinking driving offenders off with little to no sanctions. I AM sorry for Mr. Gerald. He decided to make himself the example and he needs to take on that burden. From expereince, I know that he is not likely to stop drinking and drivind even if he were to serve five or six years in prison. He is remorseful about his killing his victims but that does not mean he will change his conduct in the future.

8) Comment by nimby? - 11/12/2012

ABayouBoy , Gerald ruined his own life , didn't need any help . life in solitary confinement without visitors would be getting off easy . we have become too forgiving a society .

9) Comment by Bouncer - 11/12/2012

Pffft. Habitually drunk pieces of trash do not "learn their lesson." Instead, they drink and drive repeatedly until someone becomes their victim. Put this killer away for the rest of his life.

10) Comment by ABayouBoy - 11/12/2012

Allow me to clarify. Gerald was out celebrating his 30th birthday, is a repeat DUI offender, had too much to drink, and made the fatal error of trying to drive. He killed 7 innocent people, yes, but it was not premeditated murder. It was poor judgement on his part. To make him suffer for the rest of his life in prison seems a little harsh to me. I do feel sympathy for the victims, but ruining Gerald's life and at taxpayer expense for an accident. I truly believe that this man has learned his lesson, and is very remorseful for what has happened. I hope that the victims family can find it in their hearts to forgive him.

11) Comment by nimby? - 11/12/2012

there is also "an eye for an eye" , still come up short ...

12) Comment by Stephanie1957 - 11/12/2012

Mr. Gerald has to live with this on his conscience for the rest of his life. Isn't that enough punishment? His family must live with it also. As the Bible says "let he who is without sin cast the first stone."

13) Comment by BR is Ruined - 11/12/2012

Rather than trying to send a message by making an example out of Gerald, the message should be clear from the start. I mean why are first/second offense DWIs still misdemeanors?? Anyone receiving a DWI committed the exact same act that Gerald is facing life for, they just by luck or chance didn't kill anyone. The law makes it a felony punishable for up to 5 years to be in possession of a single pill (while endangering no one), yet you get a misdemeanor for driving drunk and endangering countless lives. It's no wonder people don't take the matter seriously when the law itself doesn't. I think Gerald should receive a significant sentence, but I'm not sure it should be life.

14) Comment by BRash - 11/12/2012

When you kill 7 people, and that due to your being an idiot multiple offender DWI, it is not possible to take full responsibility. Standing in a court of law and saying "I did it" does not make you a responsible person.

15) Comment by raised.on.robbery - 11/12/2012

@ABayouBoy: I'm also wondering what EM said that you feel like gave him away as someone with the wrong mindset. Probably because I'm the sort of person who is offended by just about everything, and I didn't see a problem with what he said.

16) Comment by raised.on.robbery - 11/12/2012

I feel the same way Elderly Man does on this one. Drinking and driving seems to be ingrained in our culture, and I feel like more should be done to show that it's not ok to have "just a few" or whatever and then get on the road. How many of us know several people who could've easily been Gerald's place? That's very discouraging.

17) Comment by spqr - 11/12/2012

@ABayouBoy...I am not looking for a fight, but what is your mindset regarding the death of seven innocent people because a man with three previous DUIs never learned his lesson about drinking and driving? What exactly did "Elderly Man" write that angered you? Gerald is a murderer. He killed. If anything, Elderly Man is being soft wanting only 35 years from Gerald for this crime. And it is an unforgivable crime.

18) Comment by ABayouBoy - 11/12/2012

@Elderly Man, Your mindset is obvious. Murderer, and you were a former probation officer. God help those that you were supposed to be helping. Maybe they should yank your driving privileges just because you are elderly and have slowed thinking processes and reaction times.

19) Comment by Elderly Man - 11/12/2012

When I was a probation officer, I supervised the probations of offenders who had already had convictions for vehicular or negligent homicide or even convictions for fourth offense DWI. Anything less than serving at least 35 years in prison is an inadequate response to this murder’s crimes. He needs to become the model that all other drinking drivers think about when they have a few beers but are not impaired.

20) Comment by CountryBoysCanSurvive - 11/12/2012

This was truly the best thing for him to do. It will not bring them family back but it will spare the other family and friends more grief as well as his family. This is a good first step. Now the next good step will be up to the Judge...Do the right thing.

21) Comment by Bouncer - 11/12/2012

This is all well and good, but RESPONSIBLE (and sensible) behavior means not drinking and driving in the first place. Had this clueless sot been a truly responsible individual, those seven people would still be alive.

22) Comment by ABayouBoy - 11/12/2012

The man is pleading guilty to all counts. Accepting full responsibility for his actions. Maybe this time he will have learned his lesson.

23) Comment by Elderly Man - 11/12/2012

What is the status of the volley ball player who burned several people to death?

24) Comment by Elderly Man - 11/12/2012

He slaughtered seven human beings. This monster has no excuse and he deserves no mercy. Any sentence less than 70 years with a provision for no probation, parole, or pardon until he has served at least 35 years would be much too light. A better sentence would, of couse, be 210 years with him never being released.

25) Comment by CitizensArrest - 10/12/2012

Yes tradewinns, the law requires a 90 day period between plea and sentencing in felonies. Why does that bother you? His time behind bars will be the same. You should save at least some of your rage for red lights and such.

26) Comment by BoiledCrabs - 10/12/2012

He'll be out in seven years and he'll drive drunk again. Just wait and see.

27) Comment by Duckyluve - 10/12/2012

How has the system "failed" in this case? He killed 7 people and will spend the rest of his life in jail.

28) Comment by BRmoderate - 10/12/2012

Tradewinns, the last sentence in the article says this is his fourth DWI... Life is the only appropriate sentence in this case. 7 consecutive 30 year terms...

29) Comment by tradewinns - 10/12/2012

march 12th? this is dec. the 10th, 3 months to check him out? the only thing you should know is, is this his first dwi? the state should already have "checked him out" as part of their trial preperations. not that even that should be taken into consideration, but if he has driven while intoxicated prior to this, his sentence should be the maximum allowed with NO chance of early release, IMHO. our "FAILED" justice system hardly at work again.