Preliminary Hearing

[ChattanoogaBusa]

Preliminary Hearing

Diane and I just got home from court.

We joined Sherry, Chris, and Sherry's sister in the courtroom at about 8:30. Dustin Levi's case was finally called around 11:45. He was still in custody and was led into the room wearing an orange jumpsuit, handcuffs, and leg irons. He appeared emotionless throughout the hearing, although most of the time his back was to us. The judge called all victims and witnesses present. The two victims related to the charge of Reckless Endangerment approached the front of the room. They were brother and sister, and appeared to be in their early 20's. They explained that they were driving down Daugherty Ferry Rd (where Don later crashed) at about 8:45 or 9:00 pm. They stated that Levi was standing in the road, jumped into the car's path as it approached and shouted,"Hit me, motherf*****!" The brother said that he had to hit the brakes to avoid hitting Levi. Levi's defense attorney asked if the driver was ever frightened for his own safety, to which he replied "no." The sister did not testify.

Officer Sledge, the traffic investigator, was then called to testify on the charge of Reckless Homicide. Sledge was originally called at about 9:00 pm to investigate a motorcycle crash involving a fatality, and arrived on the scene after Don had been transported to Erlanger Hospital in downtown Chattanooga, TN. After conducting an investigation of the scene, Sledge went to the hospital to speak with Sherry and the family.

At 3:30 am, Sledge learned from another officer that Levi may have been in the middle of the road at the time of the crash. Sledge then went to Levi's home to talk with him. Levi answered the door and claimed that he had been asleep at the time of the crash, and was clearly drunk. Sledge noticed that Levi had bruising on his right arm and several lacerations on his legs. Levi allowed the officer to photograph his injuries and to take his shoes as potential evidence. Sledge noticed what appeared to be a tire mark on one of the shoes.

Sledge then went back to the crash scene and met the original two victims from the car. They explained what happened earlier with Levi being in the road. Sledge then treated the crash scene as a crime scene and began taking further measurements and photographs. Tire tracks found on the shoulder of the road indicated that the bike, a 2005 Hayabusa, was moving sideways and was out of control. Sledge called Levi in for questioning the next day. He was questioned by another officer, then arrested by Sledge. When questioned about Don's tox screen results, Sledge indicated that no intoxicants were found in his system.

The defense attorney suggested that the Reckless Endangerment charge (related to the car) be dropped. The prosecutor replied by reading the law verbatim and stating that Levi clearly committed Reckless Endangerment because the same actions later resulted in a death.

The judge said that there was definitely probable cause and that this case would go to the Grand Jury. The defense attorney requested a bond reduction, based on time served. This was quickly and sarcastically denied by the Judge.

I introduced myself to Sledge after the hearing and gave him some further information about Don's bike that he thought would be helpful in the case. He said that he and his supervisor really appreciate all the input from the .oRg and that both of them have been watching the forums. He also mentioned that they would like to have some .oRg members present at the trial to testify about Don's riding ability and safe habits.

We will need help from many of you as the case progresses. I'll let you know when and what ASAP.

I'll keep the information posted as I get it. Thanks for all of your support. It really means a lot to Sherry and the family.

[BA BUSA]

Thanks for the update

[Mr Bogus]

I as well as many have literally thousands of miles riding with Don... Most of which Don led.. You give me a firm date and I will show up...


And a GIANT Thank you for taking time to follow this... such a senseless tragedy to start with and one that has really put a big damper on a lot of peoples riding season... we lost a really good guy....

I can not even count the number of people we have set up with Don at Bash over the years for their introduction to the area and busa bash.... Don was always willing to take new riders through even the most technical areas so they could get used to the roads a bit...

And thinking about it... I do not recall ever losing a single bike to a fall on those rides...

[BBB]

Thank you so much for the update. It gave a very good sense of the day. I'm sure it was hard on you to be there but please know how much everyone appreciates it as they cannot attend at this time. Again, thank you.

[dadofthree]

Thank you for keeping us updated. I'll be glad to be there for Don and Sherry

[outlawbusa]

Thank you for the updates and information so far

[busagirl4444]

AWESOME NEWS!!! Just awesome thanks for the update.

[BlondeOnaBusa]

Thanks for the update. I just finished talking to Sherry and she seemed happy with the results of today's hearing.

Thanks again for being our eyes and ears in this. Randy and I will do what ever we can to help.

[omslaw]

Thanks for the update. I'm glad to see the justice system working (so far).

[skydivr]

What a great way to honor Don's life is to seek justice over his death. Way to go thank you very much!

[twotonevert]

Thank you very much for the information.

[jphilipson]

Good deal, hope they string this guy up

[VaBusa]

There are many that would attest to Don's riding abilities. Please keep us informed on what is needed to help put this guy away, if that's at all possible.

Thank you so much for going and for keeping us in the loop. I know if we could all be there, we would.

for Don's family and friends...

[LA Busa]

Daniel, many thanks for the very well written report on this matter!

There are bound to be some members here who are familiar with such things as this, I certainly am not, but look at it this way...

I see this guy's attorney being to spin this as:

1) he was drunk and his injuries could have been sustained as he stumbled around his home / property
2) unless some of this guy's clothing or organic material is on Don's bike (which sat at an impound lot following the incident) or some of Don's bike's material was on this guy, this will all be circumstantial - as there were no witnesses.

Scary....

There will be no shortage of us who can and will attest to Don's ability to operate a motorcycle and do so safely, he did it his entire life, but I just watched a judge in Mobile AL skate when they found inmates 'organic material' in his chambers (he was accused of spanking and molesting inmates in exchange for favorable judgements) and another case where a business man was killed and everyone knows who did it, they just cant convict because its ALL circumstance....

Grand Jury will surely send this to trial but I hope the prosecution has more than we are aware of....

[pbghost]

thanks for keeping us posted

[sweet tea man]

thanks for the update

[racerV]

I can personally attest to Don's conservative riding and if I can not make the trial, would be happy to send a written notarized statement.

[BusaSamurai]

First I would like to Apoligize for not knowing about this and not being on the Org for awhile . I am so sorry for all of this Don was a great example of what some one can do with there life and not care who you are or where your from he was always happy to talk to you and not judge or look down on you .
Him and Vman had some of the same traits if you ask me . I am sorry he his gone this world has lost a great guy and fellow rider . Thanks for all the updates and I will be glued to this thread to find out the results .
Glad I dont have my choice on how they should handle this wouldnt look pretty . Peace and prayers sent to the family ..

[ks-waterbug]

Thank you for the update....

[cipher5791]

This is good stuff. Way to go ORG. members. RIP Rayabusa