Published: March 22, 2007 10:50 pm      

Three charged in pursuit sent to grand jury

Refusal to pay Waffle House bill led to chase

None of the four men who allegedly led police on a high-speed chase from a Richmond Waffle House to Lexington claim to have been driving the gray Chevy Malibu.

During a combined preliminary hearing Wednesday in Madison District Court for three of the men involved, public defender Sam Cox interrogated Richmond Police Officer Devon Thomas as to why Cox’s client, Shawn D. Caldwell, was charged as the driver.

“They all gave statements, but none of them claimed to be the driver,” Thomas said. “One of the detectives on scene described the driver and later identified Shawn. I did not see the driver exit the car.”

Thomas testified that although he was right behind the car for the better part of the pursuit, he lost track of it when it exited Interstate 75 in Lexington. When the vehicle struck a light pole and crashed, Caldwell, 18, Robert Fitzgerald Greer, 19, and Devin L. Chenault, 20, reportedly bailed out of the vehicle and attempted to flee.

Thomas said when he reached the crash scene, the men had exited the vehicle, with the exception of Marcus Graves, 18, who was injured.

The incident began when the men allegedly refused to pay for a bill at Waffle House on the Eastern Bypass, which totaled about $100. Acting RPD Chief Wanda Singleton and two plainclothes detectives patrolling in the area noticed a disturbance at the restaurant and attempted to stop the men.

However, the suspects got into the car and nearly ran down the officers before heading for the interstate, said Sgt. Willard Reardon, RPD public affairs officer.

“We were on I-75 Northbound with my emergency equipment activated,” Thomas said. “The fleeing vehicle sped up to speeds of 110 miles per hour. I gave pursuit and several other agencies also joined in.”

Other patrol vehicles pulled up next to the car and attempted to strike the car to run it off the road, Thomas testified, but they were unsuccessful. After the crash, the men were apprehended in the middle of a nearby horse farm where they had fled.

Caldwell is charged with reckless driving, first-degree driving under the influence, first-degree fleeing and evading police, not having an operator’s license, first-degree fleeing and evading police (on foot) and nine counts of first-degree wanton endangerment.

Cox argued that Caldwell and Chenault look similarly and could have been confused for one another by detectives who identified Caldwell as the driver. However, Special Judge Mike Harrod found sufficient probable cause to send the case to the grand jury with all charges intact.

Chenault’s public defender Tim Despotes also contested identity theft charges made against his client. Despotes argued that if anything, Chenault should be charged with giving police a false name, which is a misdemeanor offense.

However, Chenault allegedly not only gave his brother’s name instead of his own, he also gave his brother’s date of birth and social security number to police. His identity was not discovered until he was taken to the Madison County Detention Center, where it also was discovered that there were two Fayette County warrants for his arrest.

Harrod upheld the charge, saying that according to the statute, a person is guilty of identity theft if they give another person’s personal identifying information in an attempt to avoid detection. Chenault also is charged with first-degree fleeing and evading, alcohol intoxication and resisting arrest.

Charges against Greer for alcohol intoxication, first-degree fleeing and evading and resisting arrest, also were referred to the grand jury.

Chenault and Caldwell still are lodged in the Madison County Detention Center. Chenault is lodged on a $5,000 cash bond and Caldwell is lodged on a $10,000 cash bond. Greer was released on a $1,000 cash bond.