Former state trooper, Buchanan mayor retrial: Threatening remarks in the gallery

The retrial of former Georgia State Trooper A.J. Scott entered its second day Thursday, nearly a decade after a crash that left two teenagers dead.

Scott, now the mayor of Buchanan, faces vehicular homicide charges stemming from the 2015 crash that killed 17-year-old Kylie Lindsay and 16-year-old Isabella Chinchilla.

First responders take stand: Day 2

What they're saying:

Jurors heard from firefighters, medics and investigators who rushed to the scene. One medic recalled treating one of the teens as if she had a head injury.

"She just kept repeating, she wanted to call her mom, wanted to call her mom," the witness testified. Loved ones sobbed in the courtroom, some leaving in tears.

Another first responder told jurors the teen’s lips were turning blue, a sign she was not getting enough oxygen.

Prosecutors say Scott was driving 90 mph in a 45 zone without lights or sirens and was not responding to a call at the time of the crash.

The defense highlighted bottles of alcohol found in the victims’ car and on the road. Prosecutors countered that there is no evidence the surviving driver had been drinking.

Scott’s first trial ended in 2019 when a judge declared a mistrial, accusing the prosecution of withholding evidence.

Judge Erica Tisinger of Carroll County Superior Court paused proceedings Thursday to issue a stern warning to those in the gallery after learning about threatening remarks.

"There will be no threats made from one of you to the other," Tisinger said. "At this time, I know the statement was made. I do not know who made the statement, but my court personnel does."

Survivors testify: Day 1

What they're saying:

Dillon Wall and Ben Finken, the two survivors of a 2015 crash that killed two teenage girls, testified Wednesday about the moments before and after the fatal collision.

"Sir, I had a brain injury, I don't remember anything," Wall said under cross-examination.

Wall, who was driving the car hit by then-state trooper turned Mayor AJ Scott in September 2015, was also asked if they stopped for alcohol. He said, "No."

Prosecutors say Scott was driving about 40 miles per hour over the speed limit, striking the vehicle carrying four teenagers. Seventeen-year-old Kylie Lindsey and 16-year-old Isabella Chinchilla were killed.

Ben Finken, the other survivor, recalled his perspective from the front passenger seat. "I'm front passenger," he said. "Okay. And then, Isabella was behind me, and Kylie was behind Dillon."

Finken described the moments leading up to the crash: "I looked up. Don't see any headlights. Dylan makes that turn. So then I'm still looking at my phone. On my phone, down into the right. See headlights. Next thing I know, I wake up at Grady."

Asked if he remembered anything between the impact and being hospitalized, Finken said, "Do not remember anything."

On cross-examination, questions were raised about Wall’s own driving. "You were in the car, and ... did you come to a complete stop?" the attorney asked. Wall replied, "No, we did not come to a complete stop."

Scott trial continues

What's next:

Scott, who has also faced allegations of misconduct since becoming mayor, could face up to 30 years in prison if convicted.

The trial is scheduled to resume Friday morning.

Scott’s first prosecution ended in a mistrial. He has since gone on to be elected mayor of Buchanan, but this trial does not relate to anything that happened while he has been in office. 

The Source: This is a FOX 5 Atlanta original report. Reporters have been attending or monitoring the trial. 

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