A head-on collision resulting in one death occurred just after 4:30 p.m. Friday, Jan. 5.
Jim Hogg Paul, 78, of Glenville was in the left passing lane heading south on NC 107 when he was struck and killed by Aubrey Eugene Holley III, 21, of Sylva. Holley illegally passed another north-bound vehicle. Paul was less than two miles from his home.
Only the two cars, occupied by the drivers, were involved in the collision. Holley was taken to Harris Regional Hospital with a fractured pelvis.
The wreck occurred at a three-lane area on NC Highway 107 near the intersection of Three Ponds Road. The North Carolina Highway Patrol, Glenville-Cashiers Rescue Squad, and Cashiers-Glenville Volunteer Fire Department responded. The wreck took around three hours to clear.
Sergeant Brandon Miller with the North Carolina Highway Patrol said the collision, including speed, is still under official investigation as the reconstruction team works to assess factors in the wreck, such as speed. The investigation may take weeks to finish.
Miller said Holley was driving a commercial vehicle at the time of the collision.
“Paul was heading south on N.C. 107,” said responding Highway Patrol Trooper Emily Sanders. “Holley attempted to pass another northbound vehicle that was not involved and when he did he hit Paul head-on. Both vehicles had severe right damage.”
The force of the collision left gouge marks on the road, Sanders said.
Gouge marks form when one vehicle pushes down on another during a collision, causing the metal frame to dig into the asphalt.
Holley’s van went off the roadway to the left and struck a guardrail, coming to rest against it facing southwest. Paul’s vehicle remained in the road, also facing southwest, Sanders said.
Investigators do not believe weather or drugs or alcohol were factors in the wreck.
“I charged [Holley] with misdemeanor death by vehicle and reckless driving,” said Sanders.
Holley is slated to appear before the Jackson County magistrate Feb. 6 at 8:30 a.m.
Miller said Holley was also taken to the hospital with a fractured pelvis but was later discharged.
Per statute 20-141.4 of the North Carolina General Assembly, misdemeanor death by vehicle is defined as a person unintentionally causing the death of another due to violation of any state law or local ordinance regarding the operation or use of a vehicle or the regulation of traffic other than impaired driving.
The General Assembly defines misdemeanor death by vehicle as a Class A1 misdemeanor.
Per statute 15A-1340.23, fines for Class A1 misdemeanors are up to the discretion of the court. Class A1 misdemeanors indicate that an active punishment is authorized.
A1 misdemeanors can carry a maximum sentence of 60 days if the charged has no prior convictions, a maximum of 75 days if the charged has up to four prior convictions, and a maximum of 150 days for five or more prior convictions.