Statement from District Attorney Garland N. Yates
8-27-01
News & Record
Statement from District Attorney Garland N. Yates:
On August 3, 2001 Deputy Joel Rodney Coe of the Randolph County Sheriff's Office was
involved in an accident with Gerald Benjamin Abney, Jr. Gerald Abney was riding a 1987
Harley Davidson motorcycle and Deputy Coe was driving a marked Sheriff's patrol car. While
Deputy Coe was on patrol on Old County Farm Road at about 4:45 p.m., he observed Abney
passing three cars in a no passing zone in a curve. Abney's motorcycle was coming toward
Deputy Doe in his lane of travel. Deputy Coe activated his blue lights and siren and
turned around to pursue Abney. Eventually Deputy Coe caught up with Abney but Abney
refused to stop for the Deputy. Deputy Coe continued to pursue Abney.
At the intersection of Caraway Mountain Road and Green Farm Road Abney's motorcycle and
Deputy Coe's patrol car collided while making a turn onto Green Farm Road. The collision
was minor, causing superficial damage to Deputy Coe's patrol car. Abney did not lose
control of his motorcycle and continued to speed away from Deputy Coe. On Old Lexington
Road another Randolph County Sheriff's Deputy in a marked patrol car attempted to block
the road in front of Abney. Deputy Jerry Lee Rozier, Jr. parked his patrol car across Old
Lexington Road with the blue lights activated. Abney drove his motorcycle off the road,
into a yard, and around the roadblock, continuing to flee from the Deputies. Deputy Rozier
joined Deputy Coe in the pursuit. During the chase Abney drove erratically, exceeded the
posted speed, ran stop signs and repeatedly passed cars in no passing zones.
Abney eventually led the Deputies onto US Highway 64 traveling west. At the
intersection of Highway 64 and Mount Shepherd Road, Abney turned right onto Mount Shepherd
Road with Deputy Coe following closely behind. Both were traveling at a low speed. During
the turn Deputy Coe's patrol car collided with Abney's motorcycle. Abney received massive
internal injuries and in the opinion of the Medical Examiner, died immediately.
The autopsy of Gerald Abney by the North Carolina Medical Examiner's Office revealed a
quantity of the illegal controlled substance methamphetamine in his blood. The Medical
Examiner's Officer reported to the District Attorney's Office that the quantity of
methamphetamine in Abney's blood indicated recent use of methamphetamine. The Medical
Examiner also indicated that the quantity of methamphetamine in Abney's blood is also
consistent with irrational or possibly even violent behavior.
Investigation revealed that Abney's North Carolina Driver's License was suspended for
failure to appear in court in Davidson County.
Troopers at the scene found a loaded 9mm caliber pistol among personal items on the
ground belonging to Abney. The pistol had a 9mm round in the chamber of the weapon and was
ready to fire. This pistol was concealed on either Abney's person or his motorcycle.
Investigation revealed that it was not uncommon for Abney to carry a handgun. Abney did
not have a permit allowing him to lawfully carry a handgun concealed in North Carolina.
Investigation revealed that Abney did not have insurance on the motorcycle as required
by state law. Furthermore, the motorcycle was not properly registered and displayed an
improper temporary tag. The motorcycle also had an out of date inspection sticker.
Because of Abney's dangerous driving the Deputies pursuing Abney had probable cause to
arrest him for the felony offense of speeding to elude arrest, as well as improper passing
and numerous other traffic violations. Because his license was suspended Abney would also
have been charged with driving while license revoked. In addition, he could have been
charged with the offense of carrying a concealed weapon.
Line Sergeant Mark Ivey of the North Carolina Highway Patrol and the Collision
Reconstruction Unit of the Highway Patrol conducted a very thorough and excellent
investigation into this matter. This included numerous witness interviews, mechanical
tests, and full accident reconstructions at the intersection of Caraway Mountain Road and
Green Farm Road and at the intersection of Highway 64 and Mount Shepherd Road. Line
Sergeant Ivey and the members of the Collision Reconstruction Unit are highly trained
experts in collision analysis and reconstruction. A written report of this investigation
was delivered to the District Attorney's Office on Thursday, August 23, 2001. The District
Attorney and members of his staff also received an extensive oral briefing from the
investigating officers on that date.
The only issues before the District Attorney in the death of Gerald Abney are whether
there is sufficient evidence to charge Deputy Coe with a criminal offense and whether any
such evidence could support a finding of guilty against Deputy Coe in a court of law.
After a careful review of all the evidence gathered by the North Carolina Highway Patrol
and the North Carolina Medical Examiner's Office, it is the opinion of the District
Attorney that there is no probable cause to believe that Deputy Coe committed any
prosecutable criminal offense. Deputy Coe was well within his authority to pursue Abney.
Gerald Abney's refusal to comply with Deputy Coe's lawful traffic stop was the principal
cause of his death. While unlawfully and feloniously fleeing from the Deputies, Abney's
driving seriously endangered his own life, the Deputies' lives and the lives of a number
of innocent motorists on the roads in his path.
This matter has been fully investigated by the North Carolina Highway Patrol in an
impartial and fair manner. The District Attorney is satisfied that no further
investigation is necessary. Accordingly, the District Attorney's inquiry into this matter
is closed.
Garland N. Yates
District Attorney
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