Man convicted in fatal 2001 crash faces charges in Greene County wreck - Insurance News | InsuranceNewsNet

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September 25, 2016 Newswires
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Man convicted in fatal 2001 crash faces charges in Greene County wreck

Herald-Times (Bloomington, IN)

Sept. 25--Two motorists collided on the road between Bloomington and Ellettsville 15 years ago. One died, and the other was sentenced to 23 years in prison.

But he walked out after serving less than six years, despite nine prior felony convictions -- two for drunken driving.

"One was high on a combination of drugs, speeding and driving erratically on Ind. 46 that night," The Herald-Times reported in a 2008 story following the case. "The other, a Bible on the seat beside him, was not intoxicated, was driving the speed limit and anticipating joining his wife and six children on a family vacation."

Forty-two-year-old Brian Bean of Ellettsville died when Alan Thompson's Ford van crossed the center line on Aug. 1, 2001, striking Bean's Mitsubishi Galant head-on.

Bean's wife and children were on their way to Florida, and he was to fly down to join them in a few days. Leslie Bean's father met them there instead, to break the news. "They traded fun at the beach for mourning. And a funeral," the H-T story said.

Thompson's van also hit a Pontiac Grand Am driven by Kalilla Cassidy, who suffered serious leg injuries when her car's motor landed in her lap. She spent months in the hospital, and then a nursing home, learning to walk again. Her insurance company sought $52,000 in medical expenses from Thompson, who was driving without insurance that night.

Thompson was 41 when the crash happened. He was convicted of driving while intoxicated resulting in death and driving while intoxicated resulting in serious injury and got the maximum sentence: 11 years. He was found to be a habitual criminal as well, which added another 12 years.

When he was sentenced in April 2002, Thompson said he deserved the 23 years Monroe County Circuit Court Judge Randy Bridges gave him.

Less than a year later, Thompson appealed, calling his sentence "manifestly unreasonable."

In 2006, Teresa Harper -- now a criminal court judge in Monroe County -- was a public defender working on appellate cases. She discovered evidentiary issues in Thompson's case that then-Prosecutor Carl Salzmann and Bridges feared could overturn the conviction and require a new trial.

There were concerns that some of the evidence might not be admissible at a second trial, that Thompson might be acquitted. But neither Leslie Bean nor Cassidy wanted to go through another trial, so reluctant discussions got underway about a possible sentence reduction for Thompson.

Harper said her client needed intensive drug abuse treatment that was not available in the state prison system.

Under an Indiana law in effect then, Thompson would serve half of his prison sentence, with a 2013 release date. But he walked out of the Wabash Valley Correctional Facility a free man on New Year's Eve 2007 after serving 2,340 days for causing Bean's death and Cassidy's injuries.

He reported to the Greene County Rehabilitation Center for treatment and counseling and was on probation through 2013.

Even Thompson's court-appointed lawyer in the case was surprised in 2008 to learn of his former client's sentence reduction. Bob Miller, then a defense attorney and now Monroe County's chief deputy prosecutor, called Thompson "an accident waiting to happen, that ultimately did."

This past Monday evening, Thompson was driving a 1999 Ford Mustang in the 500 block of East Miller Road in Bloomfield. At 6:15, he collided with a 2005 GMC Envoy sport utility vehicle as he pulled into his driveway at 503 E. Miller Road.

The 66-year-old woman driving the SUV was injured and transported by ambulance to the hospital. Thompson, now 56, was not hurt; nor was his wife, in the passenger seat.

But Thompson was arrested after failing three sobriety tests at the accident scene, according to police. He had not consumed alcohol, the police report indicated, but had taken a muscle relaxant at 1 p.m. that he said was prescribed by a doctor.

"While speaking with Alan, I noticed that his speech was slurred and his balance was poor," Deputy Anthony Pope wrote in his report. They had Thompson's blood drawn for drug analysis.

A witness reported seeing Thompson and his wife run from the scene of the accident to their home 100 feet away. She told a sheriff's deputy they were carrying a bag, "acting like they were trying to hide something."

At the Greene County Jail, "staff found 10 white, rectangular pills with three scores with the imprint GG249, identified as alprazolam pills, in a small, clear, plastic bag on his person, hidden in a red cigarette box labeled 'Winston Naturally Smooth,'" the police report said.

Police say Thompson admitted to not having a prescription for the medication, a benzodiazepine with the trade name Xanax that is used to treat anxiety.

He spent two days in jail before posting $1,000 cash bond to get out. He is charged with driving while intoxicated and possession of a controlled substance, and is scheduled to appear in court Oct. 26 for an initial hearing.

Leslie Bean moved back home to Georgia five years ago with her youngest daughter, who is now 21. She agreed to the sentence modification in part, she said last week, because if Thompson had broken the law while on probation, he would have had to serve the rest of the original 23-year sentence.

She explained to her kids he would be getting out early and why, "that the legal system does not always work the way it should."

___

(c)2016 the Herald-Times (Bloomington, Ind.)

Visit the Herald-Times (Bloomington, Ind.) at www.heraldtimesonline.com

Distributed by Tribune Content Agency, LLC.

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