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Charges have been dismissed against an Ulmer man in connection to a fatal wreck. However, new charges have been filed against two others involved.
The Jan. 20 wreck involved three vehicles – two trucks and an SUV – traveling in the same direction on Highway 300. Initial reports from the S.C. Highway Patrol (SCHP) stated one of the trucks tried to pass the SUV when it was struck by the other truck, causing the wreck. Brandon Davis, 37, of Springfield, Ga. and Hunter Scharber, 27, of Bamberg died from injuries while others were injured.
A couple days after the wreck, Michael Kearse Mathias Jr., 26, of Ulmer was charged with two counts of felony driving under the influence (DUI) resulting in death. He was driving one of the trucks. Both victims who died were in his truck. On July 13, Barnwell County’s grand jury dismissed those charges after reviewing the evidence.
“MAIT investigation determined that defendant was not the proximate cause of the wreck,” stated court records obtained from the Barnwell County Courthouse. MAIT refers to the SCHP's Multi-disciplinary Accident Investigation Team.
To be convicted of felony DUI, South Carolina’s DUI statute states someone must have driven under the influence of drugs or alcohol and commit a separate traffic violation that resulted in the death or great bodily injury of someone else.
A month after charges were dropped against Mathias, new charges were filed against two other people involved in the wreck.
Malcolm Ben-Edward Brown, 27, of Sycamore, received true bill indictments on August 24 by the grand jury for two counts of reckless homicide. The indictments state that Brown drove “a motor vehicle in a reckless disregard of the safety of others, causing mortal wounds” that led to the deaths of Davis and Scharber.
Ben Brown’s wife, Caitlan Williams Brown, was indicted August 24 for one count of misprision of a felony. The indictment states Caitlan Brown “unlawfully and criminally” neglected to bring a felon, her husband, to justice after he committed the crime of reckless homicide.
Though the Browns are aware of the charges, they have not been before the court. They are expected to be in court the week of September 11 for arraignment and a bond hearing, according to the solicitor’s office.
