State of North Carolina v. William Harrison

Rocky Mount, North Carolina criminal defense lawyer represented Defendant charged with felony death by vehicle and of driving while impaired.



William Harrison, 60, was charged with having unintentionally caused the death of Ronald Kelly, 52, on Sept. 30, 2020.



G.S. 20-141.§ Felony and misdemeanor death by vehicle; felony serious injury by vehicle;

aggravated offenses; repeat felony death by vehicle.



(a) Repealed by Session Laws 1983, c. 435, s. 27.

(a1) Felony Death by Vehicle. – A person commits the offense of felony death by

vehicle if:

(1) The person unintentionally causes the death of another person,

(2) The person was engaged in the offense of impaired driving under G.S.

20-138.1 or G.S. 20-138.2, and

(3) The commission of the offense in subdivision (2) of this subsection is the

proximate cause of the death.

(a2) Misdemeanor Death by Vehicle. – A person commits the offense of misdemeanor

death by vehicle if:

(1) The person unintentionally causes the death of another person,

(2) The person was engaged in the violation of any State law or local ordinance

applying to the operation or use of a vehicle or to the regulation of traffic,

other than impaired driving under G.S. 20-138.1, and

(3) The commission of the offense in subdivision (2) of this subsection is the

proximate cause of the death.

(a3) Felony Serious Injury by Vehicle. – A person commits the offense of felony serious

injury by vehicle if:

(1) The person unintentionally causes serious injury to another person,

(2) The person was engaged in the offense of impaired driving under G.S.

20-138.1 or G.S. 20-138.2, and

(3) The commission of the offense in subdivision (2) of this subsection is the

proximate cause of the serious injury.

(a4) Aggravated Felony Serious Injury by Vehicle. – A person commits the offense of

aggravated felony serious injury by vehicle if:

(1) The person unintentionally causes serious injury to another person,

(2) The person was engaged in the offense of impaired driving under G.S.

20-138.1 or G.S. 20-138.2,

(3) The commission of the offense in subdivision (2) of this subsection is the

proximate cause of the serious injury, and

(4) The person has a previous conviction involving impaired driving, as defined

in G.S. 20-4.01(24a), within seven years of the date of the offense.

(a5) Aggravated Felony Death by Vehicle. – A person commits the offense of

aggravated felony death by vehicle if:

(1) The person unintentionally causes the death of another person,

(2) The person was engaged in the offense of impaired driving under G.S.

20-138.1 or G.S. 20-138.2,

(3) The commission of the offense in subdivision (2) of this subsection is the

proximate cause of the death, and

(4) The person has a previous conviction involving impaired driving, as defined

in G.S. 20-4.01(24a), within seven years of the date of the offense.

(a6) Repeat Felony Death by Vehicle Offender. – A person commits the offense of

repeat felony death by vehicle if:

(1) The person commits an offense under subsection (a1) or subsection (a5) of

this section; and

(2) The person has a previous conviction under:

a. Subsection (a1) of this section;

b. Subsection (a5) of this section; or

c. G.S. 14-17 or G.S. 14-18, and the basis of the conviction was the

unintentional death of another person while engaged in the offense of

impaired driving under G.S. 20-138.1 or G.S. 20-138.2.

The pleading and proof of previous convictions shall be in

accordance with the provisions of G.S. 15A-928.

(b) Punishments. – Unless the conduct is covered under some other provision of law

providing greater punishment, the following classifications apply to the offenses set forth in

this section:

(1) Repeat felony death by vehicle is a Class B2 felony.

(1a) Aggravated felony death by vehicle is a Class D felony. Notwithstanding the

provisions of G.S. 15A-1340.17, the court shall sentence the defendant in the

aggravated range of the appropriate Prior Record Level.

(2) Felony death by vehicle is a Class D felony. Notwithstanding the provisions

of G.S. 15A-1340.17, intermediate punishment is authorized for a defendant

who is a Prior Record Level I offender.

(3) Aggravated felony serious injury by vehicle is a Class E felony.

(4) Felony serious injury by vehicle is a Class F felony.

(5) Misdemeanor death by vehicle is a Class A1 misdemeanor.

(c) No Double Prosecutions. – No person who has been placed in jeopardy upon a

charge of death by vehicle may be prosecuted for the offense of manslaughter arising out of the

same death; and no person who has been placed in jeopardy upon a charge of manslaughter

may be prosecuted for death by vehicle arising out of the same death. (1

Defendant was sentenced to four years and three months in prison.