Gerald enters not guilty plea

A state district judge on Tuesday set trial during the week of Dec. 10 for the Greensburg man accused of drunken driving in the head-on collision that killed seven people.

Brett G. Gerald, 30, pleaded not guilty to seven counts of vehicular homicide before 20th Judicial District Judge William G. Carmichael, who also set an Aug. 14 hearing for any motions that may be filed by Gerald’s defense attorney, Tommy Damico.

Still recovering from ankle injuries sustained in the May 30 head-on collision between his pickup truck and a car carrying seven people home from church, Gerald sat in a wheelchair while Carmichael conducted the brief hearing in a small, first-floor courtroom in East Feliciana Parish’s courthouse.

A small group of people stood to watch the proceedings.

The main courtroom is on the second floor, but the parish is not required to have an elevator in the antebellum courthouse.

Five people in the car died instantly in the collision on La. 67 about a mile south of the Comite River: the driver, Brenda Gaines, 64; Denise Gaines, 33; Diamond Johnson, 12; Jyran Johnson, 6; and Angela Mosely, 36.

Two other passengers, Willie Gaines Jr., 15, and Rogerick Johnson Jr., 13, died later.

State Police said an analysis of a sample of Gerald’s blood taken at Lane Regional Medical Center in Zachary showed his blood-alcohol content was 0.15 percent.

In Louisiana, a blood-alcohol content of 0.08 percent is considered presumptive evidence of drunken driving

“We understand that this proceeding had to take place accordingly, so we’re basically going through the process,” John Gaines Jr., a spokesman for the Gaines and Johnson families said after the hearing.

“We still want justice for what has happened, and we know there’s a process to that. So, we understand what’s going on, and we want to move forward in this case,” Gaines said.

“It’ll be a tough case,” Damico said, adding that Gerald’s family hired him to look at “all the scientific, medical and legal information to make sure what happens here in court is proper.”

The defense attorney said the case is “a tragic situation.”

“It shouldn’t be tried in the press or court of public opinion, but in a court of law. I’ve got my experts to look at everything. My job is to ensure that everything is done properly,” Damico said, adding that publicity about the case may make it difficult to get a fair and impartial jury in East Feliciana Parish.

“But, we’ll cross that when we get to it,” he said.

State Police initially booked Gerald at the East Feliciana Parish Prison on five counts of vehicular homicide, two counts of vehicular negligent injury and one count each of second-offense driving while intoxicated, reckless operation and driving left of center.

He was released on bail May 31 after his family posted a property bond of $256,250.

State Police later rearrested Gerald when Willie Gaines Jr. died, and Carmichael ordered him held without bail.

District Attorney Sam D’Aquilla filed formal charges of seven counts of vehicular homicide following the death of Rogerick Johnson, and Carmichael on June 12 set Gerald’s bail at $1 million with additional conditions on his release, including wearing an electronic monitoring device and living with his father.

Alvin Matthews, Mosely’s brother, said the victims’ family members questioned why bail was set at about $250,000 when five people were dead and raised to $1 million when the other two died.

Matthews said, however, he is now “pleased with the bail,” which he said seems to be high and restrictive enough to keep Gerald in jail.

“I’m looking at the big picture. I have faith in God, and I have faith in the justice system,” Matthews said.


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Comments (17)


1) Comment by markedwardmarchiafava - 27/06/2012

What is wrong with you people? EVERYONE, including you, is entitled to post bond and be released until your trial is concluded and a sentence is passed. Should we simply toss the rule of law and proceed to tossing a noose over the lowest limb of one of those oaks outside the courthouse? Amerikans, pffft.

2) Comment by gofigger - 27/06/2012

Why is no one whining about "automobile control". If this drunken fool would have shot and killed these same people, all we would hear is, "we need take the guns off the streets". Being drunk and driving a car is no "accident" and should be treated as murder in this case and any case where a drunk driver kills someone.

3) Comment by tradewinns - 27/06/2012

the host stated things correctly. there is no penalty, and lots to gain, by pleading not guilty. the old "lessen penalties" to plead guilty is mostly bovine droppings. there are few harsh sentences for anything anymore. if there was a law which states something to the affect that pleading not guilty, and found guilty but a jury, doubles the penalty terms, that may encourage criminals to not plead not guilty when it is especially obvious, as in this case.

4) Comment by Elderly Man - 27/06/2012

Of course, this will not happen.

5) Comment by Elderly Man - 27/06/2012

I doubt that Mr. Gerald will serve much time imprisoned even were he to receive a long sentence. I am not certain why. At the very least, he ought to serve the full term in prison for at least the minimum punishment of the conviction for one death. Consecutive sentencing lets the court do this if it decides to do that. In other words, five years is the bare minimum. Personally, I think that Mr. Gerald ought to serve at least 15-20 years without benefit of probation, parole, or pardon, then be on probation for as long as possible with provisions that he never drink again, own a vehicle, or a driver’s license. //The key here is establishing a societal limit on drinking and driving behaviour.

6) Comment by academix - 27/06/2012

Most posters are forgetting about the corruption in Louisiana. This guy may not do much time at all.-) Just released; WAFB) - A woman will spend three years in prison as part of a plea deal in a deadly drunk driving accident. Victoria Gosserand was driving drunk in New Roads when she crashed into another car in December 2009, killing Terri Parker, 23. A judge formally sentenced Gosserand to five years in prison, but suspended two years of the sentence and gave her credit for time after her trial that she wore an ankle monitoring device. Investigators said Gosserand's blood alcohol level was nearly four times the legal limit at the time of the crash.

7) Comment by anonomous - 26/06/2012

Mommy and Daddy are still trying to save their little darling. Had the parents allowed their son to suffer the consequences of his alcohol history this probably would not of happened. I'm sure they are in denial but part of the blame rests with them.

8) Comment by Get Real - 26/06/2012

Well this is one attorney that will not be getting my business. Citizens should boycott these high price lawyers who are paid to get people like this off. Next time he's driving it might be someone in our family that he kills.

9) Comment by NewsReader - 26/06/2012

just sayin, pretty sure that model Crown Vic has 6 seat belts and not 5. But to answer you question: all would have most likely survived the trip home had Brett Gerard not plowed into them. As for those thinking that by pleading guilty that he'll get a stiffer sentence, I honestly don't think so. Remorse and acceptance that you've committed a crime go a lot further with a judge than playing the system yet again. If he and his family are trying to avoid any guilty plea impact a potential civil case against him, then in all honesty he could have just used the other option: "No Contest".

10) Comment by The_Host - 26/06/2012

If he pleads guilty they haul him away for the rest of his life most likely and he knows it. So if you are looking at life regardless of what you do you may as well roll the dice and plead not guilty and hope something happens to free you on a technicality or some such non-sense. After all what do you have to lose? OJ walked out a free man and it was pretty clear IMO he was the killer. This guy should be the poster boy for drinking and driving but the poster should be of him swinging from a rope with the words. "10 Feet of Rope.... $1.89. A drunk driving murderer swinging from the same rope... PRICELESS.. If you still want to drink and drive, we have a LOT more rope." Hows that for a PSA announcement!

11) Comment by BRmoderate - 26/06/2012

Just Sayin....I hear ya.... But just because I didn't put my seatbelt on, doesn't absolve you from driving drunk and plowing head on into my car... 1 death is too many in this case

12) Comment by just.sayin... - 26/06/2012

Ok-- I'll play devil's advocate. Yes-- I do believe he is guilty as he** and should serve time... BUT...7 people in a car with 5 seatbelts. How many people would have survived if all had been properly restrained?

13) Comment by foldgers - 26/06/2012

The way I see it, everyone has a right to plead not guilty, even when every fact out there says they are guilty. USUALLY pleading guilty will "lessen" the final sentencing. It is obvious he is guilty, but it has not been proven in a court of law, which it has to be. BUT, since for some reason he feels that pleading not guilty is smart, even though it was obvious he was clearly at fault and he is the sole reason all those people are dead, he should be risking lethal injection if proven guilty. If he pleads guilty, life in prison. No reason we taxpayers should be paying so much for this waste of space...but he has the right to waste our money. That is why the sentence should be much much harsher if found guilty.

14) Comment by Whatnow - 26/06/2012

My mouth just hit the floor. Is he serious? No plea deals! If the judge goes along with that, he needs to be voted out of office. He knew he was drinking and he turned his car into a killing machine.

15) Comment by gofigger - 26/06/2012

Ridiculous, that should not even be an option. This sounds familiar to an accident in New Roads.

16) Comment by AnewKINDofFEELIN - 26/06/2012

They have to be angling for a plea deal. Otherwise, he's just wasting a whole lot of public money. I guess that should be expected from a person who is clearly an arrogant, self-serving P.O.S. If he's actually going to stick with this plea, the defense should be comical at best.

17) Comment by Your Brain on Steroids - 26/06/2012

Are you serious??? Both he and his lawyer should have to serve the sentence!!!! This is beyond ridiculous. Own up to it, be a man and take your punishment. You should be facing the death penalty for killing that many people.