posted September 29, 2008
A vehicular homicide charge has been dismissed in the case in which an 11-year-old Signal Mountain boy was struck and killed when he followed his dog onto Taft Highway.
Albert Landis, 58, also of Signal Mountain, had been charged after the incident last November near the Sequatchie County line.
Prosecutor Jay Woods filed a motion of dismissal on Friday after defense attorney Lee Davis filed a motion for a speedy trial.
Attorney Davis said, "This was a tragic case for all involved, but it was an accident and not a crime. We appreciate the fact that Mr. Woods agreed to re-investigate the case and reached this decision."
Jacob Frost had been at Mt. Carmel Baptist Church for an AWANA meeting.
The Tennessee Highway Patrol said the dog went onto the highway and the boy followed.
Landis was driving a 2001 Chevrolet pickup truck.
Trooper Pumpy Tudors said the pickup truck struck both the dog and the boy.
The boy was killed instantly.
His family had recently moved here from Louisiana.
A civil suit has been filed in the case.
Attorney Davis said Landis had two beers over a two-hour period. He said his blood-alcohol level was at .05 - below the drunk level.
He said Landis was not speeding, and he said bad weather was a factor.
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