Jonathan Downey Gets 2-Year Sentence For Traffic Death Of Fellow Motorcyclist Joey Rutherford

  • Monday, January 4, 2016

Jonathan Downey was sentenced Monday to two years in prison for the traffic death of fellow motorcyclist Joey Rutherford on March 30, 2014.

Judge Don Poole said Downey would need to serve half of the term in the County Workhouse, while noting that despite 20 prior convictions he had not spent any time behind bars.

He will be on county probation after his release from the workhouse.

Attorney Lee Davis had asked for probation, saying Downey is needed to support his family and keep his welding job.

Downey admitted that he should bear part of the blame due to his motorcycle raring up and going out of control at a red light on Hixson Pike. Judge Poole said all four riders were acting recklessly, including racing and weaving in and out of traffic.

Downey said his motorcycle slid on the roadway and he tried to get it upright too quickly, causing it to spin further. He said he afterward ran to the 29-year-old Rutherford, who was killed in the incident. Downey did not require any medical treatment. He said he got road rash and came down so hard on his feet that they hurt when he gets up each morning.

The four riders were headed to meet up with more motorcyclists in East Brainerd to go together to ride "The Tail of the Dragon" on a steep, curvy highway in North Carolina. The Saturday morning trip was arranged via Facebook.

Nathan Santos, who was also along, said he did not see the Downey cycle collide with the Rutherford cycle, but he did see Downey's bike "shoot up" at the light near Steak 'N Shake and Central Park.

He said all knew that motorcycling is risky and "we all were to blame."

Downey said he has not gotten on a motorcycle since and is remorseful. He said he has been going to Friendship Baptist Church in Hixson and become "saved." He said he knew that Joey Rutherford was already saved as was mentioned by his father, Richard Rutherford.

Richard Rutherford told of the pain of losing a child. He said, "It is one of the hardest things in life I've had to endure. We have had a hard time accepting it all the way up to today." 

He said his son was a Lone Oak volunteer firefighter since he began hanging around the fire hall when he was 10.

Joey Rutherford left behind three boys, and Downey supports three children.

Downey must also perform 100 hours of community service and take a safe driving course. He said he has been working on the church parsonage.

Prosecutor Cameron Williams said the prior Downey convictions include three assaults as well as numerous speeding infractions.

Downey's aunt said he had stayed away from drugs and alcohol, but had trouble with driving too fast. She said he is very remorseful and at first would not leave his house.

 

 

 


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