A judge has rejected an attempt to get a vehicular homicide charge against an Appling man dismissed.
Bentley J. Devore, 22, pleaded not guilty in Columbia County Superior to vehicular homicide and other charges during the hearing. Also, Devore’s defense attorney sought the dismissal of the charges, contending his right to a speedy trial had been violated. Although the crash occurred in 2020, an indictment wasn’t returned until May 5 of this year.
Devore is charged in the July 18, 2020, death of 20-year-old Morgan Shea.
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According to the indictment, Devore was driving under the influence when he crashed a modified golf cart on Morris Calloway Road. He and Shea were thrown from the vehicle, according to news reports at the time of the crash.
Judge J. Wade Padgett heard from both sides of the issue July 13 and issued his written ruling Thursday, July 21.
Last month, Padgett signed an order allowing Devore to be brought from the Augusta State Medical Prison where he is housed so he could attend last week’s hearing in person.
Devore is in prison because a probation sentence he received in Burke County Superior Court in January 2020 was revoked based on the new charges in the Shea’s death. Judge John Flythe vacated Devore’s First Offender status and ordered him to serve the remainder of his sentence in prison – four years, one month and 19 days.
In Burke County, Devore was charged with fleeing and criminal damage to property. According to news reports in July 2019, Devore was driving a 2012 Ford F250 and towing a boat when a state trooper tried to pull him over for a traffic violation in Screven County. According to news reports, Devore fled from the officer, traveling at speeds up to 147 mph before he ran into a planted field of peanuts then fled on foot.
He turned himself into the Burke County Sheriff’s Office the next day.
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After Flythe revoked Devore’s probation and sent him to prison, Devore’s defense filed additional motions seeking to have a new judge assigned to the case to consider new evidence that the defense contended proves Shea and not Devore was driving at the time of the fatal crash in Columbia County.
Chief Judge Daniel J. Craig inherited that case assignment. He denied the defense’s motion for reconsideration on Oct. 7, 2021. While there may be conflicting evidence about who was driving at the time of the crash, it was undisputed that Devore had been driving the modified golf cart that night after consuming alcohol, which violated the terms of his probation sentence, Craig ruled.
Sandy Hodson is a staff reporter covering courts for The Augusta Press. Reach her at sandy@theaugustapress.com.Â
