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16-Year-Old Driver Charged in Fatal Crash

The Wednesday crash on Dallas Highway claimed the life of a Dallas woman.

Updated 11:10 p.m.

WSB TV reported late Tuesday that Nichols is the charged teen's mother, and that the teen's father, Michael Mosley, plans to take his son to the youth detention center in Cobb County Wednesday morning.

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Cobb County Police on Tuesday announced that a 16-year-old driver is facing charges of homicide by vehicle in the second degree and failure to yield while turning left. The wreck claimed the life of 45-year-old Kimberly Michelle Nichols of Dallas. Another Dallas woman, 40-year-old Karen Lynn Flury, sustained injuries in the crash and was taken to WellStar Kennestone Hospital.

The teen, who drove a 2002 Volkswagen Cabriolet involved in the wreck, came away from the crash with non-life-threatening injuries and was taken after the crash to Kennestone. He is not being identified by authorities. Nichols was a passenger in the teen’s Volkswagen.

Flury was the driver of a 1999 Ford Mustang involved in the crash. The third vehicle involved, a 2008 Mazda-3, was driven by 19-year-old Joseph Kirkland of Powder Springs, who did not sustain injury.

Preliminary information from the scene indicates that the Volkswagen was eastbound on Dallas Highway attempting to make a left turn onto northbound Old Hamilton Road. Directly in front of the Volkswagen—and in the intersection also—attempting to turn left onto southbound Casteel Road from westbound Dallas Highway, was a large white box truck. According to witnesses, as the Volkswagen turned left out of the intersection and onto northbound Old Hamilton Road, it was struck on the passenger-side door by Flury’s Mustang, which was going westbound on Dallas Highway. Kirkland’s Mazda struck the back of the Volkswagen after the initial impact of the Mustang and Volkswagen.

The Cobb County Police Department’s S.T.E.P. (Selective Traffic Enforcement Program) Unit continues to investigate the crash.

Terry Welch April 19, 2011 at 09:42 pm
Thats real nice printing this in the paper when the teenager hasnt even been charged yet and we have to read about this crap...the family doesn't need to read and or hear about this before it happens..thanks alot...
tnwelch April 19, 2011 at 10:01 pm
Also the the info in the article is incorrect as far as the order in which the cars hit. And as of now the boy hasnt been chargered.
maureen owens April 19, 2011 at 11:52 pm
When you are writing an article that involves a young adult, you might consider the harm you maybe doing-this young ma n-who was very close to the person that was killed in the accident, is just barely getting by right now-he is a straight A student, a wrestler, and many other school activities, and he is just barely getting by right now-no charges have been told to him or the family and you have to put it in the paper-I hope you are old enough to put yourself in the Dad's place or the older sister place, and try and help him make sense out of this. You have gone above and beyond, and I hope you regret printing this, and take time for a prayer for this young man.
Maureen Owens
Jon Gargis (Editor) April 20, 2011 at 02:25 am
I have uploaded the media release Cobb County Police sent us Tuesday afternoon, which has the preliminary details of the crash as they were described in the article, and states that the teen was indeed charged.
B.Gass April 20, 2011 at 02:41 am
Just because you get a press release, it doesn't mean that you HAVE to post it on here. You did that out of your own conscience (which apparently lacking heart). This wonderful kid is going through a lot right now that you are unaware of. You are the one that has to live with this decision to post this, but its horrible.
hails April 20, 2011 at 02:55 am
I am impressed at your lack of concern or consideration for a minor. The 16 year old that you are talking about makes straight A's, wrestles, cheerleads, and is involved in several different activites at school. Did you even take into consideration the effect the wreck on him? You have no idea what he or is family is going through while you post this story. You should really put yourself in the 16 year old's position. Would you like to find out that you are facing charges from a newspaper? This was the last thing the family needed to read. I really hope you regret writing this article.
DAVE April 20, 2011 at 03:46 am
Today at the coner of Peidmont & shalloford I followed a vehicle through what was a left turn arrow when I was 1/3 into my turn I saw a large white SUV bearing down on me(at best a head on collision I would have thought)they had the right of way because this light allowed no time for the amount of traffic between the time I started into the intersection(third or fourth car in line for the turn from a red light)I truely thought I was going to be hurt...but for the grace of god!!! Now to read this I wonder if the true culpret is the timeing of the lights and the constant fools who never think what might be around the corner... just because its their turn... rip on through... just because the lights green... no matter... you got places to be...OK I see...traffic... But Its just your turn ...change a life...But for the grace of GOD
William Blount April 20, 2011 at 04:38 am
C'mon guys give Jon a break. Jon's job is to simply report the news unbias as the releases are delivered to him. The purpose of Patch is to bring the community together. Why can't we look at this article as a means to inform the community of a young mans unfortunate situation and everybody in the community can come together to support him and his family. When things like this happen its going to be in the news, how we handle that news is up to us. Jon not reporting the facts as delivered to him by the Cobb County Police station leaves open assumptions as to how the law views the case.
Amanda N. April 20, 2011 at 05:12 am
A son was in an accident that took the life of his mother. Do you not feel remorse for writing this and allowing the charges to be made public possibly before all family members have been informed? I truly believe in freedom of speech, but this is just in poor taste. You could have waited until the poor boy was already in the detention center. Do you not take into consideration what kind of hardships you are adding to what the family is already going through? The community will learn how the law views this case, but at this time it is not as important as what the family is going through.
Kim Litten April 20, 2011 at 05:38 am
Honestly news is news and he only did his job. I do feel bad for the kid though. Here he may be charged and I know of another young man from last August who had his life taken due to a car accident & the driver ( just of legal age )who caused his death was under the influence but is still walking around free. Whats wrong with this judicial system we have? Seems they have it all backwards. My prayers do go out to this young man and and his family for not only their loss but also for the days to come when they have to deal with the after effects of all that has happened.
Sometimes they really are just accidents & other times like when someone has been drinking or taking drugs, well they should be treated just like anyone else who commits a murder because they are still here, living life while someone else is gone & family & friends are left here to just live with the memories left....
Kim Litten April 20, 2011 at 05:42 am
Jon don't sweat it. Your just doing your job and you kept it very to the point and on task....I think you did a great job!!!.....for everyone else....he is just doing his job and it was straight up news. No gossip or personal feels just the facts that were given to him so lets give him a break here....we all have jobs to pay our bills and this is his.
Amanda N. April 20, 2011 at 06:03 am
I know of an accident involving a minor who had been drinking that caused another to lose her life. He spent about a month in the hospital in a coma, and he went to a youth detention camp for about a year after he got out of the hospital. He still drinks, and has no remorse for what he did. That person should have been locked away for much longer. However, that was not the situation in this accident. This was due to the driver being so young and inexperienced. It happens. I am not at all taking the seriousness of this accident as less than what it is, but the family already lost one member, and I can't help but think how hard it will be on them to lose another one. I pray for this family and especially the driver. Side note: the driver in the accident I spoke of has been in and out of prison and jail since he got out of the detention camp, but he is still alive. He took someone's life by drinking and driving, and all he got was about a year of his in jail.
tpholcombe April 20, 2011 at 06:27 am
this kid needs a very good lawyer and if I was the former Governor Roy Barnes i would take this case on for not more then to put a stop to Cobb County running all over him like their know to do. It just totally breaks my heart what this kid is having to go through
tpholcombe April 20, 2011 at 06:51 am
this kid needs a very good lawyer and if I was the former Governor Roy Barnes i would take this case on for not more then to put a stop to Cobb County running all over him like their known to do. It just totally breaks my heart what this kid is having to go through
A Turner April 20, 2011 at 02:28 pm
Why would we allow a child to be treated like an adult? Our laws are too harsh on young people. Can you imagine the horror of sending a 16 year old child to jail for an accident? Good gravy-he just lost his mother. Where is our compassion and sense of reason? This is just heaping pain on top of pain. If the DA would treat him as the minor that he is then this would only be a misdemeanor! By law, he is still a minor, why charge him at all? Why treat him as an adult?
Am I missing something here? I was able to hear Jay Tom Morgan speak about this type of heavy handed, misguided justice. If you have kids in GA, read Ignorance is No Defense. A real eye opener. Our laws are out of control....
tnwelch April 20, 2011 at 03:46 pm
The problem was JON that my brother hadnt even been told yet and you put this crap up before we are notified. That was a real jerk move. How would you like to find out you or your kid was being charged (after losing your mom) by newspaper or web? I bet you wouldnt feel to happy about it either. Just a real jerk move.
Kim Litten April 21, 2011 at 05:01 am
I really do not think we are to hard of teens myself. I think they should be taken on a case by case situation though. I worked in a youth jail for a long time and some of the kids have been charged with some serious stuff and do little time but this poor kid does deserve to be in jail or charged. He is going to have to live with the fact that because of his mistake his mom is gone. This past August there was an 18 year old that was driving under the influence of drugs and drinking and killed a 15 year old boy who had his whole life in front of him. He went to county and then to rehab then out on bail. he is still drinking and living life as if it were a party and where is the 15??? 12 feet under all because this punk could not make good desecions. cases like his should be in jail tried as an adult but instead the cops go for kids who make a honest misjudgment....our judicial system does not work.....
Sarah Walraven April 21, 2011 at 11:36 pm
Why charge him at all? Because his reckless actions led to the death of another person. We have these laws in place to keep people from being fool-hardy. Was it an accident? Yes. That's why the charge is less than a charge of murder.
I imagine this young man is going through a lot right now, and hopefully the court system will have mercy. Even though this news is especially disturbing to people that know this family, it is still news and deserves to be reported. Jon reported what the Cobb County Police released TO THE PUBLIC. It was not private information. He did not act out of turn or unethically.
Robin April 22, 2011 at 05:54 pm
In response to Sarah,
There was nothing to say the young boy was "reckless". I have been driving for 39 years (only 2 accidents when I was 18 and 20). But had numerous close calls because of carless acts of other drivers or just human error. He was charged, but that doesn't mean it was his fault for his mother's death. The police told us that even if a car is speeding when you cross the road and they hit you, it is still your fault. Now I started thinking about the two "sports cars" that were "side by side" rounding the corner, driven by a young man and young woman. How many times in my life I have witnessed people racing or showing off to one another when driving. Who is to say that the box truck blinded all those involved from seeing each other and the two cars weren't racing to impress one another or just to make it through the light before it changed? Plus, laws are in place if the boy were to have caused a death to a person in the other vehicles is understood. BUT it was his mom in the car with him, overseeing his driving. It seems that our tax $'s are being wasted to even process with extreme mercy. Let's spend the money and time on real crimes and criminals. Hopefully now you understand as to "why charge him". Wasn't like he was talking on his cell, putting on make up or knitting while he was driving. People make mistakes, that is why they are called "accidents".
Sarah Walraven April 22, 2011 at 07:02 pm
Robin, since I can't click reply on yours, this might be out of order in the stream. Anyway, that is a lot of speculation. Yes, it's an accident, but a law was broken (turning in front of other cars) which caused the accident and yielded a tragic result. When you let a 16-year old drive, that person has just as much responsibility to uphold the rules of the road as somebody else. I am so familiar with that turn and the first thing I thought when I read the situation is that when a car is trying to turn where the truck was, it is impossible to see past it. Since it's impossible to see, I don't turn. Turning when you can't see is reckless.
I think this situation provides an excellent opportunity for parents to talk to their teenagers about the consequences of their actions. Don't guess when you're behind the wheel. Play it safe. A car is an extremely heavy piece of machinery that can do a lot of damage. I hope this kid can grieve, get any help he needs and then tell his story to others.
Ronald April 24, 2011 at 10:22 pm
Regardless of how you feel about this incident the number one killer of teenagers from 16 to 19 is car crashes. It's an epidemic that puts us all at risk.
Marie April 25, 2011 at 03:53 am
Every case should be looked at individually, what does his past look like, school, home, was he a trouble maker. He made a mistake that is why this was a true accident. He will have to live the rest of his life with this on his conscience a real shame. He was a good kid an made a wrong turn that KILLED his Mother. He wasn't high, or on drugs. Does he need to be charged, yes, maybe driving school. He is already serving a life sentence ....the one without his Mom. You being a journalist understandably were doing your job. This was all too much information to be given out to the community before his family found out. You could have still written a tasteful article without sticking the knife in a little deeper. I hope one day you are never put in such a situation that it is your loved one. I don't even know this boy , I will be praying for him & his family am for the judge to make a sound decision.
I had a very dear friend die to a DUI, this was the third time this young man killed someone in a DUI crash an he was still walking around. I think we live in a screwed up judicial system.
ADurrett March 18, 2013 at 03:05 am
FYI. This child's mother told him that it was ok for him to turn. It was hard for him to see so she told him it was clear and for him to turn. Maybe this helps.

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KJL June 4, 2013 at 03:30 pm
I am torn on this decision. Even though homosexuality is a sin, it is no greater a sin than lyingRead More or cheating. If the troop had boys who were not Christian & they were committing those sins then that sin was being brought into the church. I think Christians need to remember that no one sin is greater than another. I think the parents of the boy scouts would have to determine if they wanted their child to participate in the troop if their was a homosexual in their group. However, the church hosted the Boy Scouts upon a certain charter. When that charter was changed then the church has the right to decide if they want to continue the association. I know of other churches that ended their hosting of Boy Scouts last year because the group was becoming too politically polarizing & they felt that conflicted with the ministry of the church. It is a fine line with views on both sides but I feel each church has to decide what is best for them...it is after all their facilities.
Debra June 5, 2013 at 02:04 am
-------No comment------
Andie June 5, 2013 at 06:35 pm
Do we not remember who Jesus surrounded himself with? Don't believe for one minute that there is notRead More one homosexual in your congregation, or for that matter an adulterer, a fornicator, a thief, a liar, the list goes on. And if you are a real stickler, any divorcee that has dated or remarried is committing sin every day. I do not believe in the gay lifestyle but I do believe in what good the boy scouts do. Shame on you for abandoning them when they need you the most