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Judge urges suspect in fatal crash to get treatment

August 21, 2009 @ 12:00 AM

HUNTINGTON -- A Barboursville woman charged with three counts of drunken driving causing death isn't getting out of jail before trial, unless she goes into a treatment program, a judge said Thursday.

Erma Marie Brown, who turns 42 this weekend, appeared in Cabell Circuit Court. Charges link her to causing a traffic accident that killed a mother and two students who were en route to class at St. Joseph's Central Catholic High School.

The April 2 crash happened about 7:30 a.m. on Alternate W.Va. 10, just north of Edens Branch Lost Valley Road between Huntington and Barboursville. Carole Crawford, 47; her daughter, Meaghan Crawford, 16; and Kelsey Kuhn, 15, died. Each lived in Barboursville.

Circuit Judge Dan O'Hanlon on Thursday denied Brown's request to be released on bond. O'Hanlon said he would consider her release if placement could be secured at a long-term, in-patient drug treatment facility.

Brown's attorney, Kerry Nessel, pledged to continue those efforts. O'Hanlon also urged him to inform Brown of consequences of making "a single mistake," such as relapsing or escaping from treatment.

"She is hanging by a very slender thread over a fiery pit. She is about to be dropped into it," O'Hanlon said. "If I were in her shoes, I would make sure I was well."

Nessel had earlier asked the court to allow his client's release on bond without drug treatment. He cited her lack of a criminal record and her claims that she no longer needs prescription medication, which prosecutors alleged influenced her driving on the day of the fatal crash.

O'Hanlon quickly denied the request. He said Brown wasn't the first drug defendant who claimed to be cured in jail.

"You know what? They were mistaken," he said. "As soon as they got out, they proved how wrong I was to trust them."

The indictment states Brown was under the influence of mirtazapine, normally prescribed for depression; clonazepam, for seizure disorders and panic attacks; and 7-aminoclonazepam, a major metabolite of clonazepam.

Brown's brother, John Presley, described his sister and her remorse. She had been taking some of the medication for more than a decade after a hysterectomy.

"She's a good person at heart," he said. "She feels bad for the other families. ... She has nightmares and everything else about this stuff."

Nessel told the court his client suffers from fibromyalgia and other medical issues. Presley said those include multiple sclerosis and a degenerative bone disorder.

Investigators believe Brown had just dropped off a student at nearby Davis Creek Elementary moments before the crash.

O'Hanlon speculated successful pre-trial treatment could better Brown's chances for a plea bargain and binding sentence. Those possibilities exist "because the danger to the community is now demonstratively less."

Health concerns, protected by federal privacy laws, prompted the state to suspend Brown's driving license May 12.

Brown's only traffic citation in West Virginia occurred Feb. 26, 2009, in Cabell County. Authorities cited her for passing where prohibited. That netted her a $10 fine and $159.53 in court costs.

Trial was originally set to begin Monday. Attorneys will consider another trial date at a status conference scheduled on Sept. 4.