Doubt about driver’s identity key in dismissed charges

A Quinton woman will face no time in jail after felony charges were dismissed in New Kent Circuit Court.

Carrie Ann Yates, 34, of the 7800 block of Woodbrook Road, was found not guilty on one charge each of forgery of a public record, uttering, misdemeanor false identity, misdemeanor driving without a license, and passing on the shoulder of the road during Monday morning’s contested trial.

Commonwealth’s Attorney Linwood Gregory opened proceedings, saying that on Sept. 2, 2012, Virginia state trooper Bradley Fleenor was responding to an accident on Interstate 64 eastbound near the Bottoms Bridge area. Fleenor testified, saying en route to the accident, he witnessed a black SUV passing vehicles on the right shoulder of the road.

The trooper conducted a traffic stop where the driver identified herself as Kimberly Brightwell. With no license or identification, Fleenor ran a background check using the driver’s social security number. The trooper issued the driver a summons after everything checked out properly.

Eight months later, Fleenor received a letter from Brightwell stating she was not driving the black SUV on the date but received a ticket for it.

The trooper contacted Brightwell, recognizing in a face-to-face meeting that the woman who wrote the letter was not the same woman he encountered during the stop.

“I thought it was odd for a Providence Forge resident to drive on the shoulder of the road to say she had to use the restroom,” Fleenor said, recalling the traffic stop. “She could have stopped at exit 211, 214, or the rest area.”

The trooper began an investigation, not hitting any luck until running into Yates in New Kent General District Court.

“That’s where I recognized her and she was the one I pulled over,” said the trooper, pointing to the defendant.

Gregory began to link the connection between Yates and Brightwell. Brightwell’s sister, Nikki, is Yates’ friend. The black SUV belonged to Donna Robbins, Brightwell’s mother.

“When the ticket was paid off, it was signed ‘Kimberly Brightwell’,” pointed out the Commonwealth’s Attorney. “She did that to avoid complications down the road.”

Brightwell testified she only signs “Kim” for her first name on most documents. She also added that she was in Deltaville with her family, including her mother, on that particular Labor Day weekend.

Defense attorney Richard Collins rebutted with witnesses, saying that his client was at the hospital tending to her child at the time. Testimony from Yates’ mother, Elizabeth, and fiancée, Neil Cullingsworth, claimed Yates was at the facility the entire time and never left. Collins also provided documents to show Yates’ child as an inpatient. That information, along with a lack of one key witness, was enough for Judge Thomas B. Hoover to make a ruling.

“If you look at the overall facts, if you know somebody’s social security number, it would mean they are really close to a person,” the judge said. “The real key witness would be if the mother [Robbins] testified and said she did not give permission for anybody to use her vehicle.”

Gregory said several efforts were made for Robbins’ cooperation, but no progress resulted.

“I think the trooper is convinced that she [Yates] is the woman he saw,” added Hoover. “But with the long period of time that it’s taken to get to this case, I find that there is reasonable doubt to identify her as the driver.”