
Chatham County Recorder's Court Judge Tammy Cox-Stokes
James Bell in court.By Michelle Paynter - bio | email
SAVANNAH, GA (WTOC) - A big change from the last time James Bell faced a judge. Today, the judge set bail for the 23-year-old charged with vehicular homicide in the August 15 death of 9-year-old Ashley Mosley.
Chatham County Recorder's Court Judge Tammy Cox-Stokes was on the bench today. But she, like the previous judge that heard evidence in this case, wanted to here from the victim's father before she made a decision.
Michael Mosley was in court today and met with Judge Stokes in her chambers. After the meeting the judge said Mosley considered Bell a close family friend and did not oppose bond. She set bond at $5,000 and ordered Bell to not drink any alcohol or drive.
Bell has been in the Chatham County jail since he was arrested August 18. No word yet on when he will post that bond.
Savannah-Chatham police traffic investigator Cpl. Lamar McCoy said Bell was behind the wheel of a red corvette with four passengers in the car when he wrecked on a curvy road near Tybee Island.
The youngest passenger, Ashley Mosley, died in that crash from multiple fractures.
Cpl. McCoy estimated in court today Bell was driving 60 miles and hour in a 25 mile an hour zone.
McCoy said he interviewed the oldest passenger in the car, 19-year-old Brandy Glenn, and told the court what Glenn remembered about the crash.
"She said while they were going she kept telling him to slow down, he wouldn't slow down, then he said he would slow down, but she said again slow down," McCoy said. "But apparently that was too late."
Bell is charged with vehicular homicide in the first degree and DUI refusal. McCoy said one of the other traffic investigators says she smelled alcohol on Bell at the hospital shortly after the crash. But McCoy said Bell refused to let that investigator administer a blood alcohol test.
McCoy said Bell showed up at SCMPD headquarters six hours later offering to take one.
Bell's attorneys, Steven Scheer, says no one, not first responders or any witnesses, ever said Bell appeared drunk or smelled of alcohol.
It'll now be up to a grand jury to decide if the DUI charge and all the other traffic charges, including vehicular homicide will stick. In the next three months, a Chatham County grand jury will hear the case and decide if there's enough evidence to send the case to trial.
Assistant district attorney Ian Heap adamantly opposed bond today. Heap also made a motion to disqualify the Scheer-Montgomery law firm from this case. While Scheer is representing Bell, he also serves as the municipal court judge for Tybee Island.
Heap pointed out in court today that at least two Tybee Island police officers were the first on the scene and had yet to write a report about what they observed when they responded to the crash. Heap said those reports would now be tainted because the officers work within Scheer jurisdiction.
Scheer said he was unaware of any Tybee officers being involved and was outraged by the motion to disqualify.
Judge Stokes said she would rule on that motion next Tuesday at 2pm.
©2009 WTOC. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.