Driving stunt for fun ends in manslaughter conviction

A Toano man, who while performing behind the wheel stunts flipped his pickup truck resulting in the death of a passenger, now awaits his fate after being convicted on one count of involuntary manslaughter in the death of Alison Taylor Farmer.

Joshua Earl Apperson, 21, of 103 Branch’s Pond Road, received the conviction from Judge Thomas B. Hoover in New Kent Circuit Court following a four and a half hour trial on Monday. Apperson also was convicted on misdemeanor operating a vehicle while consuming alcohol and being under age 21.

Commonwealth’s Attorney Linwood Gregory said Apperson, who was 20 at the time, attended an Aug. 7 party at Wall’s Farm on Homestead Road in eastern New Kent. There, he used his modified 1993 Toyota truck to create “donuts” (spinning the vehicle in circles) in a nearby field. A 17-year old passenger rode inside the cab while three people– Kaleb Caswall, Lindsay Hickman, and Farmer– hopped into the truck’s bed.

Just after midnight and with all aboard, Apperson drove through the field, continuing with stunts. When the truck approached the apex of a curve on a dirt road, he lost control. The truck flipped once as it landed on its nose and rolled onto the passenger side door. The crash pinned Farmer, 19, beneath the vehicle. She later died as a result of injuries from excessive bleeding and blunt force trauma.

Hickman spoke on her recollection of the event.

“It was like 20-30 people there,” she said. “There was drinking, music, a Slip ‘n’ Slide and a bonfire.”

Hickman continued on how she ended up in the field and eventually in Apperson’s truck.

“Me, Caleb, and Ali went into the field in Myles’ [Beverly] truck and asked to get out after we told him he was driving too fast,” she said. “We got into the bed of [Josh’s] truck and then all I remember is the truck lifting off the ground.”

Defense attorney Patrick Kelley asked Hickman why she didn’t ask Apperson to slow down or stop as she had done previously.

“I didn’t think about it. I was screaming for fun at first and then screaming because I was scared,” she replied.

Hoover stepped in and questioned Hickman, asking her about the atmosphere at the party.

“I’m trying to get a sense of how he was driving,” Hoover said. “I need to know more on how fast he was going, what did you all do at this party, how many drinks have you had.”

Caswall took the stand and spoke about his experience as a passenger in the truck bed.

“I felt like the truck grabbed me and then it flipped over,” he said. “I kicked away from the truck as it flipped in the air.”

Testimony from officers and detectives who evaluated the scene said the truck’s ascension to the air carried it about 60 feet at the beginning of the flip to its first contact with the ground. The truck would slide more than 30 additional feet before coming to rest in the field. Not helping matters was that the truck deviated more than 129 feet from the original path that was created for vehicles to travel on.

Kelley pushed for striking the involuntary manslaughter charge.

“I’m submitting that evidence cannot establish a commission of reckless nature for driving,” he said. “This was a traffic accident and the commonwealth’s evidence doesn’t rise to the level to convict.”

Gregory responded, referencing the defendant’s own comments.

“When you have someone by their own statement that said they were driving too fast, out of control, and admitted to driving faster on the curve than they should have and doing donuts, then it’s there to show what he was doing and his carelessness.”

Hoover overruled the motion to strike. The defendant sat in silence the entire trial, before Hoover asked him if he wanted to testify on his behalf. Apperson declined the offer.

In closing testimony, Gregory elaborated on the entire nature of the acts that night.

“The evidence is clear he was drinking while underage,” said Gregory. “He admitted by his own [written] testimony that he did it. You have two witnesses who were with him.

“Two girls were fortunate. Allison, however, was not. This is the causing of grievous injury and death,” he continued.

“There was disregard for life and limb with three passengers in the bed of the truck. He was having a ‘good ole time.’ One thing is driving in a straight line and another thing is driving at a high rate of speed swerving back and forth and it ended up with the truck on its nose and its side,” concluded Gregory.

Kelley argued there was no intent by his client to kill anyone.

“The commonwealth has failed to establish what is defined as gross negligence,” Kelley said. “There is no real specific testimony from anybody that can prove that. It has not been proven without a reasonable doubt. You heard from the witnesses that they weren’t really scared of the speed.”

Gregory rebutted, claiming the defendant had all knowledge on what he was doing.

“The damage didn’t occur from a slow speed accident,” he said, referencing photos investigators took at the scene. “He knew what he had done was wrong and was trying to cover it up.”

Hoover agreed with Gregory as he read the definition of what constitutes involuntary manslaughter.

“The task isn’t to ask a 17 and 20 year old who was afraid. That’s part of being young and immature,” the judge said.

“Driving a truck in a field, not on a gravel road, tires lose track in the field, and he doesn’t do it just once, he does it for 10 minutes.

“This is not a case of having fun at Busch Gardens on a ride. This is a tragedy in disregard for human life and limb. This is negligence,” the judge concluded.

Apperson is scheduled for sentencing on April 22 after a presentencing report is prepared.