Published: May 07, 2008 11:25 am            

Man facing murder may also face civil suit

By Sean Bailey / Staff Writer

A Tennessee man charged with two counts of murder and one count of fetal homicide will likely soon face a civil suit.

Raymond Garner, 45, of Anderson, Tenn. was charged with driving under the influence, two counts of murder and one count of fetal homicide after the truck he was driving crossed the median on Interstate 75 and struck two vehicles on July 9, 2007.

Eight-year-old Gus Pontikis of Park Ridge, Ill. and Cindy Haas of Cleveland, Ohio were killed in separate cars. Cindy Haas was seven months pregnant at the time of the accident and her unborn child did not survive.

The petition states that Tammy Haas, Cindy Haas’ mother, is requesting a sealed deposition to gather information from Garner because she “expects to be a party to a civil action in Whitley County...” and the statute of limitations gives her only until July 8, 2008, to file a suit.

Garner’s trial date for the DUI and murder charges is set for July 29, long after the statue of limitations is up for a civil suit.

In the petition, Tammy Haas asks that the deposition find out the number of DUIs convicted or pending for Garner, details on the ownership and insurance status of the vehicle Garner was driving, along with details on where he obtained the drugs and alcohol he was allegedly using at the time of the accident.

A motion hearing will take place May 12 at the Whitley County Courthouse to determine whether the court will allow the sealed deposition.

Along with the murder, fetal homicide and DUI charges, Garner faces four counts of first-degree assault stemming from the injuries that four other people sustained during the incident. Garner is also charged with driving under the influence on a suspended license.

David O. Smith is representing Tammy Haas.

        

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