Hearing set for man in fatal wreck

Parolee Vick back in jail

Parolee Danny Ellis Vick Jr. of Tarboro will have a probable cause hearing Friday after being involved in automobile accident last week that left a Fountain man dead.

Vick, 31, is under suspicion of driving while impaired and in jail. He had tested positive during random drug testing and was arrested in October for cocaine possession and drug-dealing charges – all blatant parole violations.

Vick was driving a 1998 BMW north on N.C. 43 in Pitt County at 7:55 a.m. last Wednesday when he veered left over the yellow line, into the opposite lane of traffic, according to First Sgt. M.A. Williams of the N.C. State Highway Patrol,

Vick's car first struck mirrors with a 1994 Buick driven by William Silver of Greenville who driving south on N.C. 43, the trooper reported.

Then Vick's car wove back into his own lane but crossed again left over the yellow line, causing a head-on collision with a 1995 Toyota driven by Frankie Peaden, also driving south on N.C. 43.

Peaden, 33, was killed in the accident.

Reports said Vick was taken to Pitt County Memorial Hospital in Greenville for a broken leg and other non-life-threatening injuries and then released.

He was initially charged with driving while impaired and reckless driving to endanger, but the Pitt County District Attorney's Office decided to drop the charges pending further investigation.

"We decided to drop the charges, in order to make the appropriate charges when we receive the toxicology report," said Assistant District Attorney Tonya Oliver of the Pitt County District Attorney's Office.

"We don't want to charge with DWI when the charges could be much greater," Oliver explained. "Depending on the toxicology report, Vick could be charged with anything from a misdemeanor death by motor vehicle to felony death by motor vehicle, which is a class E felony, to second-degree murder.

"We have asked that the toxicology report be expedited, and the state is usually pretty good to speed things up when they receive such a request."

Robert Lee Guy, director of the N.C. Division of Community Corrections, said Vick tested positive for drugs at least once during routine random drug testing, a blatant parole violation.

Guy used a positive drug test with his division to request a warrant be issued for Vick.

After learning of the warrant, Vick turned himself into the Edgecombe County Sheriff's Office on Friday. He will have a probable cause hearing Friday where he is being held at the Edgecombe County Detention Center.

"A parole hearing officer will talk to Vick and also to the supervising parole officer," said Keith Acree, a spokesman for the N.C. Department of Correction. "The hearing officer will gather the facts of the incident, determine if there is probable cause and then make a recommendation to the parole commission. Then it will be up to the parole commission to decide if revocation of parole is warranted. If so, Vick will return to prison."

Guy also has ordered an internal investigation to see what went wrong in the system that would allow the situation to occur.

"When someone on parole commits a new felony, the parole commission should be aware of the situation," Acree said. "We want to find out what went wrong, and why he wasn't brought before the parole commission."

Vick was released from prison in March after serving 13 years of a 40-year sentence. when in December 1994 he was convicted of two counts of felony breaking and entering and more than 10 larceny charges.

Vick also was arrested Monday on Oct. 1 in Jacksonville on possession of cocaine and intent to sell drug charges. He is scheduled to appear in court March 10.

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