DUI homicide charge in Chattanooga dropped after TBI mistake

Reported by: Erik Avanier
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Updated: 10/21/2013 6:54 pm
CHATTANOOGA, Tennessee(WDEF) -  A mistake at the Tennessee Bureau of Investigation lab in Nashville has led to charges being dropped in Chattanooga for vehicular homicide.

Dale Edward Ferrell of Mississippi was driving through Chattanooga when investigators say he hit a motorcycle from behind and ran over Edward Bankston, 58 of Knoxville.

Ferrell was eventually charged with Vehicular Homicide as a result of driving under the influence after crime lab examiners determined his blood alcohol was three times the legal limit. But now Ferrell is now a free man after his attorneys had his blood examined by an independent lab.

"We sent them off to a lab in Alabama. We used them before and sometimes they will confirm what TBI says but in this case they said this is way out of range. It came back a .001 which is almost nothing," said Ferrell's defense attorney Jerry Summers.

The TBI examiner who originally determined Ferrell's blood alcohol was three times the legal limit was fired.

The state said it terminated Kyle Bayer on a procedural violation so any case involving results from Bayer may be delayed in order to accomplish retesting.

Bayers termination may also force courts to reopen certain cases.
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