Thursday, 13 September 2007 06:01
An incident near Wendy’s in Boone sent a pedestrian to the
hospital just after 4 p.m. yesterday.
30-year-old James Paul Meeks and 49-year-old Dan Wardell
Herring, both of Lenoir, had run out of gas and were attempting to cross 321
from Wendy’s to Appalachian Exxon. According to Boone Police officer Scott
Macklin, the men thought that when the left lanes stopped for the light, they
had the clear. Meeks started to run across the road and ended up in the direct
path of a 2001 Chevrolet Cavalier. Meeks was transported to Watauga Medical
Center and then flown to Johnson City Medical Center for his injuries, and is reported to be
in stable condition. Herring, who hit the door of the vehicle, declined medical
treatment on scene.
According to Macklin, the driver, 19-year-old Kimberly Lynn
Smith was not at fault. She was 85 feet from the intersection, Macklin said,
and had no expectations of meeting pedestrians.
Macklin says pedestrians only have the right-of-way at
a crosswalk or an intersection. While both Meeks and Herring could have been
charged with failing to yield to traffic, District Attorney Gerry Wilson
decided not to prosecute.