04212014Headline:

Atlanta, Georgia

HomeGeorgiaAtlanta

Email M. Brandon Smith M. Brandon Smith on LinkedIn M. Brandon Smith on Avvo
M. Brandon Smith
M. Brandon Smith
Attorney • (866) 735-1102 Ext 305

Kevin Poynter: An Unbelievable Tale of Selfishness

3 comments

This past weekend, a 19-year-old teenager from Covington,Georgia, and a 35-year-old young woman from Alpharetta, were killed in a three-vehicle crash on I-20 when a drunk driver drove into their vehicles. Along with these two poor souls, four other people were injured in the same crash – two young Covington residents and two young Boswell residents. All were treated at Newton Medical Center.

The responsible driver who committed the crime was ww.rockdalenews.com/section/1/article/17772/”>Kevin Poynter, a 29-year-old Conyers man. The crash occurred around 3:30 a.m. on I-20 eastbound near mile marker 87 in Newton County. Poynter caused the tragic crash when he drove his 2004 Jeep Patriot into two cars. The one car was a 2013 Chevrolet Sonic which had ran out of gas in the early hours on Sunday. It had stopped on the south shoulder. The other car was a 1997 Toyota Camry which had stopped to assist the driver of the Sonic. Poynter drove into the rear of the Camry and side-swiped the Sonic.

Poynter was initially charged with two misdemeanors, possession of marijuana less than one ounce and driving under the influence of alcohol or drugs. Blood results are believed to be pending and will determine any further charges while the crash remains under investigation. Georgia State Patrol is expected to file further charges following its full investigation, which will likely include first degree vehicular homicide.

According to the investigating trooper, “At the time of the crash, the Toyota was leaving to get gas and was stopped in the right travel lane to obtain money for the fuel.”

Depending on the results of GSP’s investigation, Poynter is likely going yo face years in prison.

As a result of his selfish actions, Poynter will face criminal prosecution and civil lawsuits for his egregious misconduct (wrongful death suits and personal injury suits alike)

As part of the civil suits he will face, Poynter is going to face punitive damages for the awful decisions he made to drive drunk and high. Unlike “compensatory damages,” which are designed to compensate people for their injuries, pain and suffering, and financial losses, “punitive damages” are specifically intended to punish a defendant whose conduct was particularly bad in order to deter him (and others) from engaging in similar conduct in the future.

In Georgia, for instance, punitive damages may be awarded only in such “tort” actions in which it is proven by clear and convincing evidence that the defendant’s actions showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” O.C.G.A. § 51-12-5.1

Here, this was not negligence alone – Poynter acted with extreme and outrageous recklessness. As a result, hopefully he will held accountable to the fullest extent of the law so that nothing like this will ever happen again to another Newton County resident.

3 Comments

Have an opinion about this post? Please consider leaving a comment or subscribing to the feed to have future articles delivered to your feed reader.

  1. Joyce Love (aunt) says:
    up arrow

    I am outrage that this man is out on a $2,000 bond after killing (2) and injuring others. How could this be. he was also arrested (3) day prior. It seem like this man has a ong history of substance use and no one is paying attention. I bet idf it was the child of the Govonor, or a child of the director of motor vechles child who was killed we would be reading a different story. The town shold be outrage. Not unless he is the son of a cop, sheriff or maybe the two killed was BLACk… somoen help me to understand, I will not quit until I get answers… It could be you, your, child or family memember…He is FREE TO DRIVE AGAIN…. WHO WILL BE NEXT………..?

  2. Anita (Sister) says:
    up arrow

    Bruce is my brother, he is no longer alive because of this accident. I pray that Mr. Poynter sobers up and also that justice prevails. Addictions ruin lives. Everyone touched by this accident will have a tough road ahead of them. I pray for all families involved. Please keep my family in your prayers also.

  3. Reece (Cousin) says:
    up arrow

    The 35 year old killed was my cousin. I am so angry that this man was able to post bond 2 days after this tragedy and went home to his family for the holiday. I can’t understand how someone could have so many priors and still be able to walk out of jail. I’m trying to understand. Maybe there’s something I’m missing but all I know is that he was reckless and thoughtless and now many families have to suffer because of his actions