After four days of deliberation, a Powell County jury has found Brian Epperson guilty of hitting and killing a man in a 2011 crash, but on lesser charges than he originally faced. The jury also recommend a sentence that could put Epperson in prison for six years.
Family and friends of 65-year old cancer survivor Donald Tharp, said they’re trying to find closure and justice for their dead father. In November 2011, police said Tharp was struck by a man under the influence, 32-year old Brian Epperson.
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“Dad may have lived another 15-20 years, never know. That man still has his lifetime ahead of him, we’ll never see dad again. If we want to see him, we have to go to the graveyard. If we want to talk to him, we have to go to a piece of ground,” explained Peggy Plowman, Tharp’s daughter.
Clay City Police said Epperson’s truck crossed the center line and struck Tharp head on
“I hope he remembers this every day of his life. I do.I hope it haunts him,” stated Plowman, the victim’s daughter.
After four days of deliberation jurors chose not to convict Epperson on the murder charge the prosecutors wanted. Instead, they found him guilty of manslaughter second degree, assault fourth-degree and operating a motor vehicle under the influence. Epperson’s attorney said no one won in this situation.
“I said it during the trial and I meant it. This was a tragedy in this case, this is a tragedy for the Tharp family, this is a tragedy for Brian and his entire family,” stated Defense Attorney, David Ward.
It’s a fatal error that could put Epperson behind bars for years, the jury recommended six.
“I do feel for that family, because you know he is going to be absent from their lives, but I feel for my family more,” said Plowman.
Epperson was also fined $500-dollars for the assault conviction and $500 for driving under the influence.
He is set to be sentenced on February, 6th
