Trial seems imminent for driver
LISBON – With no agreement reportedly in sight, a jury trial has been set in county Municipal Court for Ashley R. Clark, the Rogers woman accused of vehicular homicide in the death of Melissa Gorby in March 2012.
On Tuesday, Judge Carol Ann Robb had asked both the prosecutor and the defense attorney if another pretrial would be useful in the case, which has already had five pretrials scheduled although not all of them went forward.
Defense attorney Coleen Hall Dailey indicated she is still waiting for photographs she has requested from the crash scene, as well as the death certificate. She indicated plans to file at least one motion and possibly another.
Dailey said while she knows state law does not allow for this type of defense, “I have serious doubts if we would have a dead person if she had been wearing her seat belt.” Dailey said she at least wanted to preserve any rights Clark would have to use that issue in an appeal.
Assistant County Prosecutor Megan Payne indicated she and Dailey have been in long discussions about the situation and she did not see a resolution coming. Payne said she has been in contact with the highway patrol and believes she will have both the photos and death certificate in another day.
The jury trial was set for Nov. 13, with a status conference to be held in October.
According to reports at the time, Clark driving south and Gorby going north collided on state Routes 165/170 just north of East Palestine on March 12, 2012. Gorby was pronounced dead at the scene of the crash.