Sycamore couple receives bond in January fatal crash

A couple from Sycamore was granted bond for charges relating to a three-car crash that left two dead earlier this year.

Caitlan Williams Brown, 27, is charged with misprision of a felony and Malcolm Ben-Edward Brown, 27, is charged with two counts of reckless homicide. Both were granted a $100,000 personal recognizance bond at their September 11 arraignment in the Barnwell County Courthouse.

The Browns were directly indicted by the Barnwell County Grand Jury on August 24 with these charges for the January 21 collision.

Three vehicles were traveling in the same direction on Highway 300 – two trucks and an SUV.

“Mr. Brown was driving the truck in the middle,” said assistant solicitor Leigh Staggs while presenting the facts of the case. “The truck in the back went to pass the other two vehicles. Mr. Brown got over before the other truck completed passing and he knocked the back end of the other truck. It spun, skidded, flipped, and ended up on the right shoulder in a tree.”

Two passengers in one of the trucks were killed as a result of this incident: Brandon Davis, 37, of Springfield, Ga. and Hunter Scharber, 27, of Bamberg. Others involved were injured.

“There had been some drinking at a restaurant beforehand,” said the solicitor.

“After the wreck happened, the driver of the truck that wrecked was charged with felony DUI, those charges have been dismissed. The MAIT team determined that he was not the proximate cause of the wreck, nor did he have alcohol in him,” said the solicitor of Michael Kearse Mathias Jr., 26, of Ulmer.

Mathias was previously charged with two counts of felony driving under the influence (DUI) resulting in death. These charges were later dismissed.

“We have serious concerns with the MAIT report,” said Caitlan’s defense attorney, Ben Shelton of Shelton Law Firm. “It is noted that he was drinking at the same restaurant, so I am unsure how his blood result came back as negative.”

Ben is represented by attorney Tabor Vaux based in Bluffton.

“The allegations are that Mr. Brown was driving the vehicle. The MAIT report shows that the vehicle that the deceased was in was traveling approximately possibly 30 miles over the speed limit,” said the defense of Mathais’ vehicle.

“The MAIT team determined that the truck in the middle… is the proximate cause,” said the solicitor of Brown’s truck.

The solicitor explained “Mr. Brown’s charges stem from what occurred directly after the wreck. There were witnesses on scene that said that Mr. Brown jogged up to the scene shortly after and said, ‘I’m so sorry, it’s my fault.’”

The solicitor stated, “Ms. Brown was overheard telling someone ‘Ben is going to jail.’”

At the time, Caitlan was pregnant with the couple’s first child who is now six weeks old.

The solicitor explained while presenting their facts of the case thus far that the Browns allegedly stayed silent once law enforcement arrived on the scene and did not disclose their involvement in the wreck.

When Caitlan was questioned by law enforcement, she explained she had been driving which led to the basis for her charge.

“We have a lot of questions regarding the nature of the accident,” said the defense. “The allegation is that Mrs. Brown did state she was the driver, instead of Mr. Brown, giving the factual basis for her charge. The MAIT report shows Mrs. Brown as the driver.”

Neither of the Browns have a prior criminal history leading both the solicitor and the defense to feel a personal recognizance bond was appropriate.

Davis’ widow, Melissa Davis, his mother, Jackie Davis, and daughter, Abby, took to the podium to speak.

“January 21 changed our life forever,” said Melissa, who expressed her family’s hearts were shattered when hearing of Davis’ death.

Her husband served as the maintenance coordinator for Effingham County Board of Education in Springfield, Georgia. Davis’ mother, Jackie, explained “he gave to our community, he taught the young people of our community.”

The defense explained the Browns have lived in Allendale County their entire lives and have strong family ties in the area while making the case for bond.

“I, today, hear that they are pillars of their community,” said Jackie of the Browns. “We also have lived where we were and where we are now for 25 years.”

Jackie said there are no words to describe the immense pain of losing a child a mother deals with every day.

“He was 37 years old but they’re always your child, they’re always your baby, and you always love them,” said Jackie.

The defense explained that the Browns must travel to Augusta for their child’s medical appointments and asked the judge to consider allowing bond to reflect this.

“I have three children at home that I am raising by myself, I work full time,” said Melissa. “I have to wake up every single day knowing he is not there, and they get to have each other and a baby?”

Melissa asked for justice to whoever made the decision behind the wheel which resulted in her husband’s death.

“As far as the drinking that night, Mr. Brown is a grown man. He knew better. He knows what alcohol can do to a body, I’m sure. And because of the choices they made that night, my child is gone,” said Jackie, who then turned to the defendants.

“Mr. Brown, I know you don't have to look at me, but I want to look at you long and hard. I want my granddaughter to look at Mrs. Brown long and hard,” she said.

Judge Clifton Newman then redirected the grieving mother to address the court and not the defendants.

Judge Newman previously presided over Hampton County’s murder trial for defendant Alex Murdaugh, and now presided over the Sept. 11 proceedings in Barnwell.

“Every person charged with committing a crime in this country is presumed to be not guilty of a charge. Every person accused of a crime has a constitutional right to bond. Every person has a constitutional right to a personal recognizance bond, unless the person poses as a flight risk or a danger to the community. Bonds are not intended to punish the person who is presumed to be not guilty. Once guilt has been proven, the dynamics change,” said Judge Newman.

“As tragic as crimes are, and as tragic as accidents are, roadways are obviously dangerous, that are exacerbated if there is drinking and driving. Today is not the day to determine any of that, this is to formally bring to the attention of the parties of the charges and to arraign them on the charges,” said Judge Newman.

“The purpose of setting bond is not to necessarily punish the defendants, and no justice is going to be had today no matter what based on this outcome,” said the defense of setting bond.

Further proceedings will later determine guilty parties. This session was solely for establishment and bond purposes.

Judge Newman ultimately gave each of the Browns a $100,000 personal recognizance bond. Both bond orders state they “may travel to Georgia for medical appointments and personal business.”

“This may sound hollow to the victim’s family, but we do want to express our sincere sympathy,” said the defense, who noted how tragic this incident is.

“I miss him, I will be his voice as long as I can, and I don’t have the sympathy or mercy for either Mr. or Mrs. Brown,” said Jackie. “A life is a life. I have no pity.”

The Browns are due to appear next in court on November 13, according to the bond orders.