The trial of a Triad pastor accused hitting and killing a student after passing a stopped school bus, resumed for a fourth day in Winston-Salem Monday morning.
Pastor Billy Roger Bailey is accused of killing Hasani Wesley while the 11-year-old was crossing the street to board his school bus on December 19, 2012.
Monday, the defense called more witnesses. First was Marilyn Martin, who told the court she arrived at the scene after the crash.
Martin said at that point the bus started to stop and that's when its yellow lights transitioned into red stop lights.
Martin said she wrote her experience from that day down in a journal and read part of it while on the witness stand.
"While it won't change the fact that an 11-year-old boy is dead, it might prove that the man who had hit him did not pass the bus on a red light and that it was an accident," she read from her journal.
In cross-examination, the prosecution pointed out that Martin never called police, sheriff's deputies or state troopers to give a statement after the accident. The first and only person she gave a statement to was the defense attorney days later.
Attorneys with the state also highlighted the fact that Martin has known the mayor of Walkertown, Kenneth 'Doc" Davis, her entire life. Davis was the person who bailed Bailey out of jail after his arrest on Involuntary Manslaughter charges.
Next, the defense expert witness took the stand.
Before Steve Farlow, an accident reconstruction expert, could start testifying, state attorneys asked the judge to not allow him to speak. They pointed out that Farlow did not actually analyze the accident scene, the bus nor the GPS which collected data about whether the bus was stopped around the time of the accident.
Farlow admitted that he simply analyzed data collected by the Winston-Salem Forsyth County School district, which was accepted into evidence by the prosecution.
The judge did eventually allow Farlow to testify. He said while data shows exactly when the bus stopped and activated its red stop lights, there was no way to show if that coincided with the exact time of the accident.
After a tense back and forth between the defense's witness and the prosecution, the defense rested its case.
The state called two rebuttal witnesses: a 9th grader who was on the bus when the accident happened and the victim's mother.
Odina Wesley originally gave an emotional testimony on Tuesday last week, the first day of the trial.
While the rebuttal witnesses spoke, the defendant Billy Roger Bailey sat quietly.
The 9th grader corroborated the state's argument that the school bus was stopped with red stop lights/arm activated when Bailey hit Hasani Wesley.
Hasani's mother refuted Bailey's claim that the two spoke at the accident scene.
Bailey testified last week that not only did he pray over Wesley's body after the accident, he also spoke with Odina Wesley about how dangerous that area was and admitted to hitting her child.
"I never seen him out there. Well, he was never on the scene where me and Hasani was. I've never seen that man," Odina Wesley said sternly from the witness stand.
The state made sure the grieving mother was the last witness jurors heard before court recessed.
In cross-examination, the defense suggested Hasani might have been in a rush that morning and perhaps ran toward the school bus before it was stopped.
Both the prosecution and defense have rested their case.
Tuesday, both sides plan to render their closing arguments before the jury gets the case.
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