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Saturday, June 28, 1997

Grand jury clears pair in death of traveling companion

By ROY A. JONES II / Abilene Reporter-News

COLORADO CITY - The Mitchell County grand jury has declined to indict two men whose traveling companion was killed when he fell from a moving vehicle on Interstate 20.

The grand jury considered negligent homicide indictments against Marion Oscar Davis Jr., 52, of Abilene, and Clifton Green, 50, of Odessa, but ruled there was no evidence of criminal intent linking them to the May 1 death of Doug Vernon Sr., 55, of Odessa.

Mitchell County Sheriff Patrick Toombs said earlier the three men had been drinking together and probably were all drunk when Vernon fell to his death.

An autopsy subsequently revealed that at the time of his death, Vernon had a blood alcohol level of .31 percent, more than three times the level of presumed intoxication under Texas law.

"That's extremely high," the sheriff said, adding that a reading of .40 percent indicates a comatose condition.

Davis and Green told investigators Vernon had been riding in the back of the pickup while they were in the cab en route to Abilene. They said they didn't miss him until later and didn't know what had happened to him.

Toombs said the man may have been struck by one or more vehicles before his body was found. Foul play was suspected after Davis and Green were arrested in Vernon's pickup in Abilene about 12 hours later.

Investigators said the men appeared to be unaware of the accident. Davis, who was driving when the men were arrested, was charged with driving while license suspended, Green with being drunk in public.

In other action, the grand jury returned five felony indictments, two of them sealed pending arrests. Two of the unsealed indictments were against Craig Anthony Helm, 35, of Colorado City, for possession of cocaine, and Julie Lynn Harper, 32, of Colorado City, for prohibited possession of food stamp benefits.

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