DUI charges in wreck dropped
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Driver accused in fatal crash, published 06/05/09
A Berkeley County magistrate on Friday dismissed felony DUI charges against a U.S. Navy sailor stationed at the Naval Weapons Station.
Chief Magistrate Ava Bryant Ayers dropped the charges against 19-year-old Brandon Pilarowski during a preliminary hearing.
The S.C. Highway Patrol charged Pilarowski following a fatal head-on collision on June 4. Timothy Capps, 43, of Myrtle Beach died in the wreck. His passenger, Donald Ray Cochrane, 34, of Murrells Inlet, was injured.
Andy Savage, Pilarowski's attorney, said there was no evidence that his client actually consumed alcohol or drugs.
A spokesman for the Highway Patrol referred all questions about the case to the 9th Circuit Solicitor's Office.
Deputy Solicitor Bryan Alfaro said the Highway Patrol would have to explain why the charges were filed. Pilarowski was not indicted by the solicitor's office, he said.
After the wreck, the Highway Patrol reported that Pilarowski was driving south on U.S. Highway 17A near the Jamestown community when his 2004 Ford pickup ran off the roadway and then overcorrected, crossing the center line. The vehicle collided head-on with a Chevrolet pickup truck driven by Capps.
Reach Andy Paras at 937-5589 or aparas@postand courier.com.
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Comments
postman01 (anonymous) says...
The state trooper involved obviously made a huge error. There is simply no way the solicitors office would decline to indict someone charged with felony DUI or that such a charge would be summarily dismissed unless there was no evidence whatsoever, meaning a conviction would be next to impossible to attain.
July 11, 2009 at 4:17 a.m. ( permalink | suggest removal )
TellingItLikeItIs79 (anonymous) says...
Hopefully justice will be served to this clown when he drives intoxicated again ( I can't imagine how many times when he reaches 21 ) and he'll smack a tree. Mr. Pilarowski, take rural Highway 61 home next time. There are plenty of beautiful trees I'd love to see you meet.
July 11, 2009 at 6:17 a.m. ( permalink | suggest removal )
stduck (anonymous) says...
Dear TellingItLikeItIs79. What part of NO alcohol was consumed do you not understand? This was a horrific accident that was not involving alcohol, the blood alcohol level confirms this!!! Have their not already been enough accidental death and injuries that you want him to try and hit a tree and kill himself?
I hope that I am not around when you accidentally go off the road (admit it, we all have even without consuming alcohol) and overcorrect and an accident happens. Now is the time to pray for the families that have all been affected and not unjustly convicting this boy again!
July 11, 2009 at 10:21 a.m. ( permalink | suggest removal )
MsTMan (anonymous) says...
Judge Ayers has always been against the police officers! I am a retired officer who has been in her courtroom on numerous times. I almost believe she enjoys making them look stupid! No officer is going to charge someone with DUI without proof or evidence. Do you really think Andy Savage is going to admit there is evidence of a DUI? He is paid to say his client is innocent so what he says about "no evidence" means nothing.
July 11, 2009 at 11 a.m. ( permalink | suggest removal )
3olivesmike (anonymous) says...
I guess the accepted stereotype of a US sailor is not sufficient evidence for DUI. What a step forward in jurisprudence! Now let's challenge another stereotype - professional Highway Patrol officers.
July 11, 2009 at 11:47 a.m. ( permalink | suggest removal )
3olivesmike (anonymous) says...
MsTMan
Waa, Waa, Waa
July 11, 2009 at 11:50 a.m. ( permalink | suggest removal )
Charlesgee (anonymous) says...
city of charleston police officer trys to get a reputation with the state for the most dui arrest with no proof of alchol or beer just says he smell alcohol. won an award last year with the state. innocent people locked because of this young jerk . need that judge to reveiw some of these city cases.
July 11, 2009 at 9 p.m. ( permalink | suggest removal )
GermanyXO (anonymous) says...
It was a head-on collision. The state trooper who responded is not a medical doctor, so what gave him the power to file DUI charges, not knowing what injuries suffered by our sailor might have contributed to his appearing under the influence? We can play guessing games all day. Maybe our officer had a long day and wasn't able to think straight? Now our sailor's career is practically over (perception over reality) because so many people in his command already know him as the one who got charged with DUI and killed someone in a head-on collision. I expect our Highway Patrol to issue a formal apology to our sailor in front of his commanders, colleagues, and peers.
July 12, 2009 at 11:18 a.m. ( permalink | suggest removal )
inmemoftc (anonymous) says...
just FYI everyone. I am way to close to this story and Brandon was not drunk he was cleared of these charges. He however had been up all night and day and should of not made a stupid decision to drive. He feel alseep at the wheel and killed someone very special to me. But he was not drunk I dont want people judging him based on this its not fair unless you guys know the whole story. He is a human being. I pray that he is sorry that due to a stupid mistake he has taken a father from my kids and a loving husband.
July 13, 2009 at 8:23 a.m. ( permalink | suggest removal )
Charlesgee (anonymous) says...
most of the police are half tipsy they self they are drunk so they think the next person is drunk its their own upper lip they smell that gives them bad judgement
July 13, 2009 at 1:27 p.m. ( permalink | suggest removal )
riptac (anonymous) says...
ok I dont care about him getting an apology. How about he apologizes to the victim's family. I know Mr. Capps had two small children,a wife, a mother and countless other family members who mourn his loss. His family has yet to recieve an apology from this Pilarowski kid. Is he sorry for staying up all night and then making a poor choice to go out all day and get behind a wheel of a truck? Nobody knows because he has yet to convey any remorse. His life seems more important and his problems. People forget that a man died. HE DIED. You cant bring him back. Another man was critically injured. Nobody seems to remember that when they defend Brandon Pilarowski drunk or not drunk, he chose not to sleep and then drive. He should be held accountable for that.
July 13, 2009 at 10:07 p.m. ( permalink | suggest removal )
inmemoftc (anonymous) says...
Thank you riptac that is what this family needs
July 14, 2009 at 8:12 a.m. ( permalink | suggest removal )
sbs (anonymous) says...
Prayers for peace for you inmemoftc...he (tim) must have been an amazing man and i wish you all healing, although i know closure will never happen...i don't even know you but this has affected my life and my thoughts about my own children...please have peace and feel that you have justice, despite your anger and continue to live life and embrace joy...love your children, who are living and mourn deeply the loss of Tim...he made a difference in a stranger's life and his demise touched many people who did not know him...Peace and Love.
July 14, 2009 at 7:41 p.m. ( permalink | suggest removal )
inmemoftc (anonymous) says...
Thank you very much sbs. The only thing I have anger towards is the fact that Brandon thinks someone owes him a apology. If anyone deserves one it is my family and his kids and Don. He was a amazing man. And people dont know the whole story and they are treating him like a victim the only victims here and my family and don's family. And someone don't get things reposssed in 30 days either. They are making him out like this was the cause and thats not the case. I do feel for Brandon but I don't think that anyone owes him a apology for what he has done.
July 15, 2009 at 8:14 a.m. ( permalink | suggest removal )
tween (anonymous) says...
I agree, you don't get things repossed in 30 days unless you were already behind, you don't get evicted either unless you were already behind. I DON'T feel that he is owed an apology he probably would have ran if the bond was lower.
July 16, 2009 at 9:47 a.m. ( permalink | suggest removal )
mikeoksbigg765 (anonymous) says...
tween,
"he probably would have ran if the bond was lower"
You're retarded. He's in the navy, he can't run.
July 16, 2009 at 4:25 p.m. ( permalink | suggest removal )
sbs (anonymous) says...
His belongings might have been repo-d due to the notoriety of the case and negative publice reaction. The average citizen would not give any relief, let alone financial benefit of the doubt to an accused, alleged, drunken murderer...which is what he was branded in the former stories. The repossessions are a side issue. I pray for everyone involved to have whatever degree of peace and healing that they can find in life.
July 16, 2009 at 6:01 p.m. ( permalink | suggest removal )
tween (anonymous) says...
No, mikeoksbigg765, I'm sorry! AWOL! Plenty of people run even though they are in the military....that don't mean nothing! I went to basic with guys that ran......
July 17, 2009 at 8:01 a.m. ( permalink | suggest removal )
chelsearules (anonymous) says...
This was a terribley tragic ACCIDENT, everyone should keep that in mind. It's not like Brandon went out with the intentions of FALLING ASLEEP at the wheel (he was NOT drunk!). He had been balancing 12 hour shifts at work and full-time college classes. He's actually an intelligent, caring, wonderful guy who made a horrible MISTAKE. Perhaps he should have had his girlfriend drive instead, but how many of us have driven when we probabley shouldn't have? We all take chances and alot of the time we're lucky and make it home without hurting anyone. In Brandon's case, his luck had run out and he is now responsible for two men's deaths. I know that he is torn up about what he's done and has to live with it for the rest of his life. I understand that the families of the deceased have to go on living without their loved ones. My heart & sympathy goes out to them. I know you are looking for some kind of justice for their deaths, but there can be no "justice" for an accident. I'm not saying Brandon isn't to blame..I'm just saying that he is a person just like you and me who has fallen into terrible circumstances. And I know he isn't looking for an apology from anyone. He understands that he was the one who screwed up and has taken responsibility for his actions. As for his apologies to the families of the deceased, I'm sure he's working on them. Can you imagine facing someone you've never met, yet have changed their lives in such a terrible way? How could you even begin to apologize for something like that? I know that the families have asked themselves "why us?" and there is no satisfying answer to that question. It was nothing more than a terrible tragedy. Life doesn't make sense and sometimes isn't fair. All we can do is go on living..hopefully learning to forgive those who have made mistakes. To the families who have lost their beloved men, I'm sorry for everything you've gone through. But they're not the only ones whose lives have been affected.
July 20, 2009 at 11:13 p.m. ( permalink | suggest removal )
JustCourtnie (anonymous) says...
The second I heard about this horrifying incident, my jaw just dropped. I am a cousin of Brandon's. The moment I knew what happened, I was shocked, but I didn't know all the details. It is so not Brandon to drink while driving. I WOULD KNOW. I've been in a car with him numerous times and he is a very cautious driver. So for all of you who don't know the facts about this accident, I suggest that you don't talk before you think. I admit, if it was my relative who had died, I would be crushed and devestated and my first instinct would probably be to blame the driver, but eventually, I would have to stop, think, and get my facts straight. Brandon's BAC was ZERO. He was NOT drunk. It was a case of exhaustion resulting from long hours of work and school. Brandon should not be blamed because it was a humanly thing, an ACCIDENT. The court decides what is just and Brandon is not a bad person. He is a good person trapped in a bad situation. To the families of the men who had dies, I am terribly sorry for your losses. But to the people who had nothing to do with this, find something better to do than blame a young man who was responsible for nothing more than an accident.
July 20, 2009 at 11:32 p.m. ( permalink | suggest removal )
inmemoftc (anonymous) says...
I am the wife of the man that was killed and I do want to reply to the last two comments that were posted. Apparently you were miss informed only my husband was killed the passenger lived. He is still in the hospital though. My problem with this whole thing is Brandon has put out there to the papers that he wants a apology. I did not have anger towards him till then. I dont care from who I do not believe he is owed a apology. Yes he made a mistake one that didnt have to happen had he stayed home and slept. I do feel for him and I pray that he does for us and one day I hope to receive a apology for my children at least I think they deserve that. As for lives being affected you still have Brandon with you, you have no idea what we are going through so please don't pretend that you do.What you are going through is nothing compared to what we are and the fact that my children have to see their father at a cementary so please dont tell me you understand. And yes if you don't know the whole story please don't comment. And Brandon I really do hope you are sorry that is all I ask of you
July 21, 2009 at 10:42 a.m. ( permalink | suggest removal )
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