District Attorney Marilyn Bennett announces the conviction of the driver responsible for death of 15 year-old Ella Knight and her grandmother, Debra McCarthy, in last year’s Father’s Day vehicular homicide.
On June 18, 2023, Orlin Javier-Nunez, 35, a native of Honduras, was alone driving a 2016 Dodge Ram 5500 work truck for his employer, FDD Underground Utility Contractor, on Georgia Highway 23/U.S. Hwy. 301 near Trudie Road, when he left his lane swerving into oncoming traffic where Ella, age 15, was driving with a valid learner’s driving permit, with her grandmother, Debra McCarthy in the front passenger seat. Nunez hit Ella and McCarthy head-on going approximately 77 mph at the time of impact, while Ella was activating the brakes with an estimated speed of 35 mph, presumably to avoid the collision. Ella died upon impact and Ms. McCarthy passed away en route to the hospital.
While many agencies responded and assisted the night of the wreck, Georgia State Patrol Specialized Collision Reconstruction Team (SCRT) investigated the cause of the wreck. Nunez’ blood alcohol content was .190 shortly after the deadly collision, twice the legal limit in Georgia.
A Brantley County Grand Jury indicted Nunez for two felony counts of vehicular homicide, driving under the influence of alcohol, driving without a license, failure to maintain lane, and open container.
On February 29, 2024, Nunez pled guilty to all counts in the indictment. Nunez did not have a plea offer from the State, and chose to have the Court determine his sentence. Nunez was facing a sentence range of 3 years of probation to 30 years in custody of Department of Corrections, plus 24 months in the county jail. Prior to determining sentence, the Court allowed the State and defendant to put up evidence for the court’s consideration.
Assistant District Attorney Rocky Bridges outlined details of the fatal crash, showed photos of each vehicle and photos of Ella and Ms. McCarthy prior to the wreck, and allowed an opportunity to hear testimony about the impact of Ella and Ms. McCarthy’s death. Family and friends were emotional as they shared special memories and discussed the pain endured since the sudden, tragic loss of Ella and Ms. McCarthy.
Chase Sherrod, a conflict public defender with the East-Middle Regional Alternate Public Defender’s Office, represented Nunez. Nunez, through the assistance of an interpreter, apologized for the loss he caused, admitted responsibility, and asked for forgiveness. The defendant’s daughter also testified and apologized to the victims’ families from her family.
At the conclusion of the hearing, Judge Andy Spivey sentenced Nunez to the maximum sentenced allowed by law: 15 years prison for each vehicular homicide, plus 24 months to serve in the county jail for driving without a license and failure to maintain lane for a total sentence of 32 years in custody. He was ordered to reimburse the Georgia Crime Victims Compensation Fund $6,000 for funds provided to assist with some funeral expenses, as well as imposed the $200.00 fine for open container.
District Attorney Marilyn Bennett would like to thank all those who attended the sentencing hearing in support of the family, as well as each agency who assisted in the investigation of this fatal wreck, including the Sheriff Len Davis and the Brantley County Sheriff’s Office, the Georgia State Patrol and their SCRT team, and the Georgia Bureau of Investigations Crime Lab.
DouglasNow is your local news source!