Friendsville man to serve 8 years in bicyclist's death

By Jessica Stith
of The Daily Times Staff

A Friendsville man who pleaded guilty to aggravated vehicular homicide in the death of a bicyclist will serve an eight-year sentence in prison, Blount County Circuit Court Judge Mike Meares ruled Monday. The man also agreed to never again obtain a driver’s license.

Tommy Lee Carroll, 48, Vinegar Valley Road, pleaded guilty to the charge on May 5 in Blount County Circuit Court for the death that occurred Aug. 9, 2006. He appeared for a sentencing hearing on Monday to determine how he would serve the eight-year sentence.

Jeffrey Edward Roth, 46, Rambling Road, Maryville, was bicycling on Aug. 9, 2006, on West Lamar Alexander Parkway near North Union Grove Road, Maryville, when he was struck and killed by a pickup truck driven by Carroll.

At the May hearing, Blount County Assistant District Attorney said the state had proof that Carroll was driving “erratically” and weaving from lane to lane on the parkway. Roth was riding on the shoulder of the highway when Carroll’s 1999 Chevrolet pickup truck left the road and struck the bicycle.

Roth was thrown onto the hood and windshield of Carroll’s vehicle.
Carroll continued driving, leaving Roth in the roadway, and then hit a road sign. His truck then sideswiped another pickup truck and was stopped when the driver of a larger utility truck intentionally maneuvered into his path and was struck head-on.
Maryville Police Sgt. Michael Braden reported after the accident, Carroll had slurred speech, bloodshot eyes and was unsteady on his feet. Harrington said toxicology reports showed that he had three prescription medications in his system.

Carroll testified Monday that he takes Vicodin, Soma and sleeping medication. He maintained that he was not overmedicated on the day of the incident but had a seizure while driving. He said he had suffered from seizures since the mid-90s, but was not on medication for the seizures at that time because he could not afford it.

“I don’t take them to get high,” Carroll said of the medications. “I get high on Jesus Christ.”

Braden testified that in his opinion, Carroll appeared to be intoxicated on the day of the wreck. He said he had been in contact with several people in his career that had suffered from seizures and said Carroll did not match up with what he had seen.
‘Looked intoxicated’

“He looked like someone that was intoxicated,” Braden said.

Carroll’s defense attorneys, Dorris Matthews and Steve Ward, questioned Braden about Carroll’s speed and pointed out there was no indication he was speeding to flee from the accident. Braden said he believed Carroll’s vehicle was damaged after the wreck and that it probably couldn’t reach high speeds.

“In my opinion, he was going as fast as he could go,” Braden said.

According to testimony by Braden, this was the second occasion that Carroll had been charged with vehicular homicide. He said Carroll was charged in 1979 when his vehicle struck another car at a stop sign in McMinn County. The charge was later dismissed.

The state also pointed out that Carroll had three wrecks between 2001 and 2003 and that Carroll had previous convictions for shoplifting and possession of a Schedule VI substance (marijuana).

During his testimony, Carroll testified that one of his doctors told him he should not drive because of his seizures, but said the same doctor assisted him in getting his license back after it was suspended following an earlier wreck. He said he was not able to get disability and had to drive for work.

Carroll apologizes

Carroll apologized to Jeffrey Roth’s widow, Kathy Roth, during his testimony.

“I wish I could take that day back,” Carroll said. “I feel so bad and I take full responsibility for taking your husband’s life and for taking him away from his kids.”
Carroll said he hoped that one day the family could forgive him.

“God knows I wish it could be me,” he said. “If I could die today and bring your husband back to your children and you, I would. God knows I would.”

Carroll’s son Phillip Carroll, ex-wife Barbara Carroll, wife Deb Carroll and work colleague Richard Staley testified on behalf of him at the hearing.

Kathy Roth testified about how she and her three children had handled her husband’s loss. She read a statement from Carroll on the incident and said it was disappointing. She asked that Carroll serve the sentence in prison.

“I think he’s sad that it happened to our family, but I don’t feel, from what I read, that he takes any responsibility,” Kathy Roth said.

Meares said the court was in the opinion that it was “criminal conduct” for Carroll to be driving on Aug. 9, 2006. If Carroll’s actions were due to a seizure instead of overmedicating, Meares said Carroll had knowledge of his condition and should not have been driving. He said Carroll was putting the public in danger.

Meares said that Carroll had prior warnings not to drive, but nothing deterred him. He said his decision was that Carroll would serve his eight-year sentence in prison.

“I do not find that you have been credible in taking responsibility for your offense,” Meares said.

Ward said he and Matthews were disappointed with the judge’s decision and they “were certainly hoping for something less that simply a sentence to serve.”

Kathy Roth said she was “very happy with his sentence.”

“I think he needs to take responsibility and I think it also sends a message for our cause,” she said.

Keith Webb, education director for the Jeff Roth Cycling Foundation, said they are striving to educate people on safe transportation and are promoting the Jeff Roth/Brian Brown Bicycle Protection Act of 2007. The act, signed by Governor Phil Bredesen, states that motorists must “leave a safe distance” between them and a bicyclist of “not less than 3 feet” when overtaking or passing a bicycle.