Involuntary manslaughter charge certified

By Jimmy LaRoue

Published: August 19, 2008

A felony involuntary manslaughter charge against a Staunton man was certified to the grand jury during a preliminary hearing Tuesday in Augusta County General District Court.
Jeremy Rasnake, 22, was driving a blue 1988 Ford Bronco north on Route 340 between Old White Hill Road and Kill Deer Lane on May 23 when he allegedly fell asleep at the wheel, according to Virginia State Police Trooper J.S. Sienkiewicz.
Rasnake then drifted across the center line before colliding head-on with a silver 1994 Ford Thunderbird driven by Cheryl Lynn Sheaves, of Grottoes, Sienkiewicz said.
The Bronco, according to Sienkiewicz, rolled over and wrapped itself around a tree “like a horseshoe,” while the Thunderbird went off the right side of the road in a shallow ditch.
Sheaves died the next day at the University of Virginia Medical Center in Charlottesville as a result of her injuries.
Another vehicle, a green, 1999 Ford Escort driven by Carl Simmons, of Glasgow, swerved to the right side of the road to avoid the wreckage, but brushed against a tree and rear-ended the Thunderbird, according to state police. He was driving behind Sheaves at the time.
Sienkiewicz said the initial accident call came in between 7:10 a.m. and 7:15 a.m. He described the accident scene as chaotic, and said it was only after meeting with Rasnake at the hospital that he detected alcohol on his breath.
“I did smell a presence of an alcoholic beverage on his breath at the hospital,” Sienkiewicz said, though he testified that he did not detect it at the scene of the accident.
Dwight Flamnia, a toxicologist with the Virginia Department of Forensic Science, testified that Rasnake had a blood alcohol level of .08, but when factoring in the time between the crash and the test, it was equivalent to a .095.
Flamnia said he wouldn’t expect someone to fall asleep from drinking alcohol itself, but said it’s possible when coupled with a lack of sleep. In cross-examination, Flamnia said knowing when Rasnake had his last drink could have an impact on the defendant’s level of impairment.
Rasnake, according to his attorney, David O’Donnell of Harrisonburg, suffered a broken back and cracked ribs. Sienkiewicz said at the scene, he only noticed minor cuts on Rasnake.
Sienkiewicz said he read Rasnake his Miranda rights before questioning him with the approval of medical personnel at Augusta Medical Center. 
The trooper testified that, during that conversation, Rasnake said he had been out drinking the entire night, getting just three hours of sleep before leaving for work.
Under cross examination, Sienkiewicz testified that Rasnake told the trooper he had “been out all night – had some drinks.” According to Sienkiewicz, Rasnake did not admit to drinking all night. The trooper also said he believed Rasnake to be “mostly coherent,” though a little groggy.
Simmons testified that he saw the Bronco come across the center line and strike the Thunderbird.
“It was a sudden switch,” Simmons said. He testified that he was unsure of the accident time, but that he usually got off of work around 7 a.m. He also said he didn’t see whether Rasnake had nodded off before the crash.
Three misdemeanors, including a DUI charge, were dropped, as was a seat belt infraction. However, Rasnake is being charged under a Virginia law stating that anyone who unintentionally causes the death of another person as a result of driving under the influence “shall be guilty of involuntary manslaughter.”
The grand jury meets Oct. 27.