|
Sunday, August 31, 2008 3:00 AM
E-mail to a friend
By Shavonne Potts
spotts@salisburypost.com
Stacy McCluney has unanswered questions about the hit-and-run death of her son, Tony Ramsey, one year ago.
She fears she may never get answers.
"I'm not going to have peace until I get them answered," McCluney said.
On Aug. 19, 2007, Tony was walking along West Innes Street with two friends when he was struck. The 15-year-old would have been a freshman at North Rowan High School.
The woman who authorities said struck the teen, Tonya Yvette Clodfelter, 41, was charged with felony hit-and-run. The charges against Clodfelter have since been dismissed.
All of the parties involved attended a probable cause hearing in November.
McCluney said that during the hearing, an attorney read a statement from Clodfelter's son in which he said he witnessed the accident and told his mother she was about to hit someone.
According to Rowan County District Attorney Bill Kenerly, there were was no probable cause to pursue a criminal proceeding.
He explained that a case must meet a certain amount of proof to determine that a crime occurred and a defendant committed the crime in order to proceed with prosecution in a felony offense.
"The state has a burden of proof in showing the crime probably was committed. There wasn't any question that she hit this young person. But there are specific elements that have to be met and not all of the elements were met," Kenerly said.
In her statement to the Highway Patrol, Clodfelter admitted hitting something, but she said she swerved after seeing a group of teens pointing toward the sky. She thought they had weapons.
Clodfelter then drove home and had a neighbor call 911.
The N.C. Highway Patrol collision report by Trooper M.E. Heon shows that Clodfelter was traveling north on West Innes Street. The teens were walking in the same direction. Clodfelter swerved to the left to avoid pedestrians on the right side of the road, the report said.
"Vehicle 1 collided with the pedestrian in the road. Vehicle 1 then left the scene northward," the report said.
McCluney just wants to know why.
"Why did it take her to go home to get someone to call 911?" McCluney asked. "Why didn't she stop?"
She said Clodfelter never tried to contact her. McCluney said she would not speak to Clodfelter if she tried.
Kenerly said McCluney could pursue a civil suit. She declined to comment about whether she would.
What do you think? Post your comment below.
Comments
SalisburyPost.com is pleased to offer readers the ability to comment on stories. We expect our readers to engage in lively, yet civil discourse.
SalisburyPost.com does not edit user submitted statements and we cannot promise that readers will not occasionally find offensive or inaccurate comments posted in the comments area. Responsibility for the statements posted lies with the person submitting the comment, not SalisburyPost.com. If you find a comment that is objectionable, please send us an email to webmaster@salisburypost.com with the article title and offensive post's contents and we will review it for possible removal.
Please be reminded, however, that in accordance with our Terms of Use and federal law, we are under no obligation to remove any third party comments posted on our website.
It Was An Accident : Monday, September 01, 2008 9:50 PM
It was an accident! Plain and simple! Who would run over a kid on purpose? It was an accident plain and simple. Do you thin Ms. Clodfelter sleeps well at night? My guess is that she hardly sleeps at all. Put yourself in her shoes. Would you purposely do this? NO YOU WOULDN'T! Ms. Clodfelter didn't either. This could happen to any of us. One day just driving down the road and then this tragedyn happens to destroy the lives of two families. It was Tony's time and an accident! The only crime Ms. Clodfelter committed was not letting the family know how sorry she is. No matter how Ms. McCluney feels about Ms. Clodfelter, Ms. Clodfelter should apologize. I know she's sorry! Come on people, who wants to live with this for the rest of their life? Forgive Ms. Clodfelter and pray for both families to heal.
Report Abuse
: Monday, September 01, 2008 9:16 PM
Losing a civil lawsuit will not exactly bring closure, will it?
Report Abuse
Miss Mccluney
Everyone Is Entitled To Their Opinion! Everyone Is Entitled To Their Opinion! : Monday, September 01, 2008 5:30 PM
If you haven't experience the trauma, keep your comments to yourself!
Report Abuse
Someone who keeps the family in prayer!
For all those who dont know! : Monday, September 01, 2008 5:17 PM
The young men were facing traffic. Ms. Coldfelter swerved,and why? I think the necessary procedures weren't done. There is no crime for teenager boys to walk to the store, if they don't drive. Right is right, wrong is wrong. You don't just hit someone or thing and leave the scene! What do you have to hide or gain? It could have been anyone's child!
Report Abuse
lolita alston
unfair : Monday, September 01, 2008 10:50 AM
i think stacey should file a civil suit the other party should beheld responisble.stacey - tony have no closure. and right is right and wrong is wrong.i consider stacey-tony friends and if i didn't know them i feel like there was injustice
Report Abuse
This Was An ACCIDENT : Monday, September 01, 2008 7:31 AM
I am sorry for your loss,but this was clearly not ment to be. Your praying to GOD AND WILLINGNESS to FORGIVE this young lady will begin your HEALING PROCESS. EARTH HAS NO SORRY HEAVEN CANT HEAL.
Report Abuse
: Sunday, August 31, 2008 10:44 PM
Kids are kids, like the comment below u should not contemplate on what side of the road the child should be waliking on. This is why we should educate our young people on proper ways to walk at night if its needed. Im jus going to continue to pray for Tony's family and friends because loosing a loved one is hard but a young loved one is even harder. I pray that one day we will all see lil tony again!!!!!
Report Abuse
: Sunday, August 31, 2008 9:01 PM
Everybody wants to blame someone else when negligence results in death. In this case, the kids should have been on the sidewalk, or walking facing traffic. It's sad, but a civil case would also be lost due to contributory negligence.
Report Abuse
Tradegy for all : Sunday, August 31, 2008 8:52 PM
I understand the findings in this case. I am sure that as a parent of a son the same age (my son went to N. Middle with Tony) I would not be able to understand why charges are dropped when ny son is dead. We must keep Stacy McCluney in prayer that she will find it in her heart to be able to see that this truly was just an accident and be able to find it in her heart to forgive Ms. Clodfelter. To keep that bitterness inside is not productive to Ms. McCluney and I am sure that Tony would want her to remember more the kind of young man he was, how he lived and loved, not how he died.
Report Abuse
He Was In The Road : Sunday, August 31, 2008 7:37 PM
In the aritcle above it states he was in the road, and not on the sidewalk. It is pretty dark on that stretch of W. Innes street, especially right around the bridge.
Report Abuse
: Sunday, August 31, 2008 6:17 PM
There are no easy answers. I certainly don't have one. But what if it was your child? Would it matter what side of the road they were on or what happen in another hit and case?
Report Abuse
JR Lambert
Wrong side of the road : Sunday, August 31, 2008 12:00 PM
These teens were walking on the wrong side of the road. You should always walk facing traffic.You can see the cars approaching you and hopefully they will see you. Never should you walk with traffic coming in from behind. That is always a recipe for disaster.
Report Abuse
No Probable Cause : Sunday, August 31, 2008 9:47 AM
She thought she saw someone in the group with a weapon. Thus, the purpose of not stopping was to avoid being shot, not to evade a police investigation into the accident. This incident was a true tragedy---but clearly NOT a criminal act. If probable cause had been found, there's not a jury in this county who'd have convicted Ms. Clodfelter.
Report Abuse
RE: Hit and Run : Sunday, August 31, 2008 9:18 AM
Oka, everyone, get on the "Lock Her Up" bandwagon. Before you get on your soapboxes, keep in mind that the woman did attempt to miss the child and she called 911 after she got home. There are parts of West Innes that I wouldn't stop in. She should get the same punishment as the teens in Rockwell, since the cases are similar. If it's not enough, God will take care of it in the next life.
Report Abuse
|