Local

Driver rear-ends WHIO news car, accused of OVI

UPDATE @ 10:17 a.m. (March 29):

Terry Gilliard pleaded not guilty to several charges including OVI, driving under suspension, driving with an expired license, failure to control and assured clear distance this morning in Kettering Municipal Court.

Gilliard remains out of jail on bond and is scheduled back in court for a pretrial conference on April 21 at 1 p.m.

INITIAL REPORT:

A driver who rear-ended a WHIO news car, sending it tumbling and its driver to a hospital, is to be in court Tuesday morning on charges of OVI and driving under suspension.

Police suspected that Terry Gilliard, 38 and of Dayton, may have been driving his gray Chrysler station wagon while intoxicated immediately after a Moraine police officer encountered Gilliard in the aftermath of the accident early Saturday on Interstate 75 South at Dryden Road.

WHIO News videographer Deangelo Byrd, 25, complained of injuries after he was able to clamber out through the passenger’s side window of the crumpled news car, which ended up on its top.

Byrd, who was evaluated at Kettering Medical Center and released a few hours later, said his seatbelt saved his life.

“I’m doing alright, still a little sore,” Byrd said late Monday afternoon. He said he’s been in accidents before, but nothing like what happened with his news car. “I was tumbling down the highway. I tumbled so many times I thought I had gone off the side of the highway… I was just rolling and holding on.”

Moraine police Sgt. Jonathan Spencer said when he arrived on scene just before 3 a.m., the news car — a white Ford Escape — was on its top and had rolled numerous times.

Spencer said he soon was told the suspected at-fault driver, Gilliard, had wrecked a second time farther down the interstate. The sergeant said when he met with Gilliard he immediately noticed a strong odor of alcohol on his breath as the suspect spoke.

“He swayed as he walked to my cruiser,” the sergeant wrote in the accident report made available early Monday afternoon. “I had to explain to him at least five times that he caused an accident and there were minor injuries.”

The officer took Gilliard to the police station to conduct field sobriety tests, which Spencer and a second officer said led them to place Gilliard in custody on an OVI charge.

The other officer, William Olinger, wrote in a supplemental report, “Gilliard again asked if was being charged with anything. I told him that he was …. I told Gilliard that he should not have been driving in the condition that he is in; Gilliard replied ‘I know.’ “

Spencer released the man to a valid, sober driver because according to Gilliard’s driving record, he has not possessed a valid driver’s license since 1998 and he also is under several suspensions related to his driving.