Hill waives right to hearing

As Deputy Rodney Guinn stands guard, Kimery Wayne Hill awaited his appearance before Judge Charles Rich Thursday. (T-G Photo by Brian Mosely) [Click to enlarge] [Order this photo]

Hill is charged with vehicular homicide in the death of Robert 'Bobby' Brown, 69, of Unionville. He also faces four counts of reckless endangerment, one count of second offense driving on a suspended license, one count of reckless driving and a probation violation.

The grand jury will convene on Sept. 15, when they will consider Hill's case.

Hill's attorney, David McKenzie, told the Times-Gazette that "he (Hill) did not want to have a preliminary hearing today ... because he did not want to cause the Brown family any more grief."

"That was his sole basis for waiving that preliminary hearing today," McKenzie said.

As a result, all of Hill's cases, with the exception of his probation violation, will move to Circuit Court, McKenzie said. Once Hill is in that court, the case will move through the system on "more of a schedule rather than a series of continuances."

Brown was killed on April 28 after he was struck in his front yard on U.S. 41-A North in a chain-reaction collision in front of his home. Investigators stated that Brown was standing near the shoulder of the highway near a Lowe's truck while the driver was preparing to unload shingles.

According to a report by State Trooper Chad McAnally, Hill attempted to pass a truck driven by Timothy A. McGehee of Tullahoma and allegedly struck the rear of McGehee's vehicle.

The McGehee truck collided into the front of the Lowe's truck, then spun around and struck Brown, who was thrown 20 to 30 yards from the point of impact and died shortly thereafter at the scene, the report said.

A passenger in Hill's car, his 3-year-old daughter, was not injured.

Moments before the fatal accident occurred, Deputy Tracey Harvey reported seeing Hill speeding on 41-A North. She was notifying other officers by radio and turning to pursue when the accident occurred.

Hill allegedly sped from the scene, but law enforcement was notified almost immediately as to where he had driven. His 1991 Acura Legend was found parked at an Old Unionville Road home with the smashed front end next to a fence row.

Officers said at the time they suspected the car had been intentionally parked in that location in an attempt to hide damage.

McKenzie also said he will be filing discovery motions once the case is in Circuit Court. Hill's attorney is still awaiting a toxicology report and a report from the Tennessee Highway Patrol's Critical Injury Response Team (CIRT), which would detail exactly what occurred at the time of Brown's death.

"We still don't have the two big pieces of evidence in this ... (the CIRT report) will give us a really good idea of what happened that day," McKenzie said.

McKenzie said it is too soon to tell what will happen if Hill is indicted by the grand jury.

Family members of both Hill and Brown were present in court Thursday, but had no comment about the case.

"It's a sad situation all around for two families. Two families have been torn apart because of this," McKenzie said.