Deontae Cortez Davis Sr., was charged by Tennessee Wildlife Resources Agency officer Ben Davis, after Misty Rymer Thompson, 32, was killed in a boating incident on the Hiwassee River on Aug. 10, 2011.
According to attorney Ken Miller, the defense made a motion to the court to dismiss the indictment because the vehicular homicide indictment is a general statute typically for and regarding the operation of motor vehicles and a more specific statute is in the law books regarding boating incidents.
“We are currently researching the boating statute,” Miller said.
Miller indicated the vehicular homicide statute is classified as a Class C felony and the “more specific” boating statute is a Class A misdemeanor.
The court denied the dismissal and has allowed for further research.
Davis was piloting a boat on the Hiwassee, according to agent Davis’ findings of the investigation.
Agent Davis reported investigators learned Thompson and Davis had launched the boat from the Charleston Boat Dock at 7 p.m. Initial 911 calls were received about a boat crash near the Resolute (AbitibiBowater) Calhoun Newsprint Operations plant, agent Davis said.
“They (Deontae Davis and Thompson) traveled downstream from the Charleston Boat Dock and Highway 11 bridge and struck a concrete walk which is used for barge tie-offs,” Davis said.
Deontae Davis was not injured during the crash.
An update regarding the case is set for Bradley County Criminal Court on Sept. 30.