Man on trial in fatal DWI crash

November 17, 2010 12:06:39 PM PST
Cory Henderson could spend decades in prison if jurors agree he committed murder in August of 2009.In the early morning hours of Aug. 30, Henderson hit a car with three people in it. The accident killed 28-year-old John Edward Ogburn and injured two other people.

Jenny Ragone was in the back seat of Ogburn's Jeep Cherokee when the accident happened.

"I was told of Eddie's passing, so I was very upset, obviously," she said. "When I woke to hear that I didn't even know really what had happened."

Ogburn had been trying to turn left off Old Wake Forest Road into the entrance of his subdivision when, police say, Henderson was speeding away from authorities and tried to pass Ogburn on the left, but T-boned him instead.

"The next thing that I even halfway remember is ... hearing loud noises and seeing bright lights," Ragone said.

After testifying in court Tuesday, Ragone and the other passenger in the car relived the nightmare during the testimony of Sgt. V.R. Johnson.

Johnson, the first Raleigh police officer on the scene, said he was trying in vain to help Ogburn. Just as he radioed into headquarters, Ragone came to in the back seat and was screaming.

Johnson told jurors that he had been called to a fight at the Carolina Ale House on Falls of the Neuse Road about 1:30 a.m.

He and another officer say Henderson was one of the men fighting and was obviously drunk, so they made him call for a ride.

But later, Johnson says, he turned on his blue lights on to stop Henderson when he saw him driving out of the parking lot.

Sgt. Johnson says when Henderson sped off, he turned off his blue lights and did not pursue Henderson because it against RPD policy to chase a drunk driver.

He says when Henderson sped off on Old Wake Forest Road he lost sight of him then quickly came up on the crash scene.

After the accident authorities said Henderson ran into the nearby woods where officers found and arrested him.

Henderson has a history of drunk driving and was driving with a restricted license, which is why prosecutors are trying him for second degree murder.

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