Vega convicted on nine separate counts in 2023 vehicular homicide trial
Randy Vega being led out of Hamilton County Judge Boyd Patterson’s courtroom in handcuffs following his conviction on nine separate criminal counts.
CHATTANOOGA, Tenn. (WDEF)- Following two and a half years of litigation, community heartache, and a five day criminal trial, a verdict has been in a vehicular homicide trial that changed the Chattanooga northshore.
Randy Vega was convicted on nine separate counts in the fatal 2023 crash on Frazier Avenue that killed 41 year old Ana Posso Rodriguez and her one year old son, Jonathan on November 25, 2023, as they were standing in front of the Walnut Bridge Gift Shop when Vega’s car crashed into them and the shop.
The crash led to the restriping of Frazier Avenue from four to two lanes in an attempt to improve pedestrian safety.
Vega’s convictions are as follows:
- Two Counts of Reckless Homicide
- Two Counts of Vehicular Homicide by Reckless Conduct
- One Count of Vehicular Assault
- One Count of Reckless Aggravated Assault
- One Count of Reckless Endangerment
- Two Counts of Driving Under the Influence
It is worth noting that the Hamilton County jury who decided to convict Vega after five hours of deliberation Monday afternoon did not convict Vega of the maximum charge that he was indicted on.
Vega was facing two counts of vehicular homicide while intoxicated, of which the jury elected to convict him of the lesser charge of reckless homicide.
Prosecutor Sean Boers explained after the verdict that the difference in the conviction is, “Homicide by intoxication would be a class B felony so that carries between 8-12 years for somebody in his position. Homicide by reckless conduct is a class C felony so that carries between 3-6 years for somebody in Mr Vega’s position.”
Boers added that of the verdict, “We respect the jury’s verdict and we hope that this verdict will help Mr. Devia (Octavio Devia Paz, the husband and father of the victims, who testified to life-altering consequences on day one of this trial) find some closure.”
Meanwhile, Vega’s public defender, Mike Little, said that “We are thankful the jury did not convict Mr. Vega on the maximum charge and appreciate their attentiveness.”
The jury made their decision following nearly three hours of closing arguments Monday.
Boers argued to the jury that the fatal crash was primarily Vega’s fault, as “If you look like a duck, you act a duck, and you walk like a duck, chances are that you are a duck. Well Vega was sounding like drunk, is acting like a drunk, and he has the blood alcohol concentration of a drunk, he is under the influence. Not just an hour after the fact, but when this wreck occurred.”
Medical records unveiled during the trial revealed that Vega had a BAC of 0.131 an hour after the crash, and that even four hours afterwards, he was still above the legal limit in Tennessee of 0.08 at 0.087.
Boers said, in his view, that Vega was mad about his perception of being cut off by the other driver in the crash, Dr. Patrick McGinty, and attempted to do the same to him, causing the crash.
The prosecutor argued, “Mr. Vega, under the influence, was not able to respond properly to the situation he had put himself in.”
Meanwhile. Little argued that Dr. McGinty was reckless himself during that crash.
Little said, “You have more than just Mr Vega’s actions because we have that case. But how can you just talk about that when you should have to look at the actions of Dr. McGinty… and the lead investigator who decided not to charge Dr. McGinty was not presented here to testify.”
He disputed the findings of the blood tests due to questions over how they were conducted, saying they were not done in a proper way at the hospital.
Little said, “(The TBI investigator) told you they were supposed to check for errors and didn’t tell you that they didn’t notice the sloppy forensic work. You should not tolerate that type of sloppy forensic work in a homicide trial.”
Boers and fellow prosecutor Jamie Pulido argued that Vega’s behavior post crash, where body cam footage showed him becoming argumentative with first responders, demonstrated his level of intoxication, and that Dr. McGinty, who was never charged with a crime but settled with the victims’ family in a civil case, may have contributed to the crash but was not the primary cause.
Boers said, “He tried to cut him off and messed it up. He botched it. He went left and two people are dead because of that.”
Vega will be sentenced at a hearing in August.
