Teen guilty of improper driving in 2-year-old’s death
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By Chris Dumond
Published: July 1, 2008
AMHERST — A Madison Heights teen was found guilty of improper driving Tuesday in connection with the Jan. 14 death of a toddler. She was fined $500 and will not go to jail.
According to testimony in the trial, Kaylie Silby was driving on Seminole Drive that morning near Omarion Rose’s Branch Drive home when her cell phone rang.
“I had to take my eyes off the road … I felt a bump,” Silby testified. “I did not think to think it was a two-year-old child.”
The 18-year-old testified in Amherst County General District during a tense and emotional trial that lasted more than three hours before a packed courtroom. She cried throughout the proceedings; so did Omarion Rose’s mother.
Silby, 18, said she had a good view of the road before her phone rang, and it was clear when she looked over to grab the phone. After feeling the car hit something, she said, she checked her mirrors and saw nothing.
Eva Martin testified she saw the boy on the side of the road around 8:30 that morning. When she stopped, her husband, who first thought it was a doll, told her to call 911.
The child later died at UVa medical center.
It wasn’t until Silby saw a commercial for the evening news later that day about the investigation that she realized she could have hit the child, Virginia State Police Special Agent Michael Bryant testified.
Bryant interviewed Silby after her mother’s boyfriend called police to tell them Silby was worried she might have hit the boy.
“She told me she thought it was a pothole, at worst a dog,” Bryant testified.
He also testified her cell phone records backed up her story and that her boyfriend called her around 8:23 a.m., around the time police believe the toddler was hit.
Dr. William Gormley, assistant chief medical examiner for the state forensics office in Richmond, testified an autopsy showed the boy likely was struck once and not hit by more than one car.
Investigators also were able to match pieces of plastic found near the boy to Silby’s turn signal.
Judge Edwin Burnette found Silby not guilty of reckless driving, the original charge.
Burnette said he believed Silby did strike Rose, causing his death. But reaching for a cell phone, he said, “is not illegal, but it may be imprudent.”
The judge acknowledged that his ruling and the subsequent maximum penalty, a $500 fine, may seem inadequate to many, but said he hoped it would make others think twice before taking their eyes off the road to answer a phone.
Silby did not exit the courtroom or the courthouse through a public entrance and was not available for comment.
“It was a bad situation,” her mother, Belinda Silby, said before leaving.
Katrina Jennings, Rose’s godmother, said she was angry after the trial because Silby did not apologize or say she was sorry.
Jennings said the family was happy with the job Commonwealth’s Attorney Stephanie Maddox did in presenting the case.
“A life is gone, though,” she said. “You can never bring it back.”
Prosecutors earlier said reckless driving, a misdemeanor carrying as much as a year in jail, was the strongest charge they could bring against Silby because there was not enough evidence to prove she knew she had hit the boy.
Maddox said the family was obviously upset by the outcome.
“This is just a tragic case all the way around,” she said. “We respect the judge’s decision.”
While state police investigators and her staff put in many hours preparing for the trial, she said she always knew the improper driving ruling was a possibility.
“It came down to driver inattention,” she said. “The judge equated that with reaching for a cup of coffee and reaching for a cell phone is not illegal.”
Legislative proposals concerning the use of cell phones were hot issues in the 2007 General Assembly. Ultimately, though, the bill did not pass.
Maddox said she will do her part to use Rose’s death as a case study for why such legislation is needed.
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Posted by ( hillcitycolonel ) on July 07, 2008 at 12:09 pm
am I the only one who reads what the poet says while scratching their head? He/She has turned the discussion of the tragedy of a child being hit by a car into everyone is out to get the black man? Once again HE/She cannot use a direct quote from me to answer the simple question of what EXACTLY did I say that was racist. Instead He/She sticks to the name calling.
Poet is right, I did forget to answer one question. But I answered all the rest. Why cant He/She answer mine? But, in an effort to make my case even more rock sold, I’ll answer the question with one of my own. He/She said “Tell me any instance where white people have died under the same circumstances as the ones I’m spoke of.“ WHAT CIRCUMSTANCES? Has white person ever been hit by a car? Yes. Again, Poet, RACE IS NOT AN ISSUE IN THIS CASE.
Your argument is assenine. “The first defense of a racist is denial.“ If I call you a Satanist or a communist, you’d deny it. Then I could say “Well, the first defense of… is denial.“ Completely illogical.
I say again. You don;t know me. Stop trying to make ME the issue. Stop trying to make RACE the issue. Stick to the FACTS. Those being that Omarion Rose is dead because he was hit by a car. He was hit by a car because he was out in the street. He was out in the street because he was unsupervised. Tragic? Yes. It’s heartbreaking. I cannot imagine the pain of losing a 2 yr old child. Is it racism? Please stop being so ignorant.
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Posted by ( poet ) on July 07, 2008 at 11:38 am
hillcitycolonel: Only the most henious of racist could have said what you did in your first post. You labeled yourself a racist, not me. I don’t call racism at the drop of a hat, but I don’t ignore it when I see it either. Now you want to run, but you can’t hide.
I’ve lived around your kind all my life. I know people say stupid
things that are not racist, but I’m not going to keep silent in the face of people that make racist comments and then try to run from them.
I can tell you what your defense will be all through the proceedings of this conversation. The first defense of a racist is denial, which you just did. I didn’t take a single word of yours out of context. I followed up on what you said. Run if you can, son, but your words are in print.
The second defense of the racist is to deny the obvious. I asked you when was there an event of like manner that involved white people in Amhesrt Ct. No answer,huh.
While I’m at it, please, please learn some history. White people invented the color line to cover up their shame. They had to figure out what to do with the less than white kids they produced by raping the slave women. Black people had absolutely nothing to do with the invention of the color line. Now all you have to do is google from there, but I know you won’t.
So don’t give me this line about black people won’t forget the color line, which is a classic defense of the racist as well. The stupidity of the racist allows himself to believe its the ones that are the victims of racism (black folks) that want keep racism going. Its just like telling the raped woman she wanted it to happen and keep happening. I, for one, can’t think of any statement dumber than that.
I aplogise for nothing I’ve said. It’s the truth and the more you post the more truth I’ll tell you.
It’s just asinine to blame black folks for the racism thats perpetrated on them as if they are the ones that control it.
And about name calling. That’s real funny, because it’s so transparent. What you attempt to do with that label is divert the conversation for the issue, toward the trivial. The racist uses this tatic to dodge the true nature of what a racist is. Use it freely, son, but it don’t work with me.
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Posted by ( hillcitycolonel ) on July 07, 2008 at 9:04 am
I’m sorry, but I can’t wait for a reply. Racist fool? If you’re gonna call someone that you sure as shootin better A) know them and B) understand what they are talking about to begin with. Poet obviously did not in either case. Ask anyone who knows me. Poet, you are way off the mark and it’s now YOU who owes people an pology.
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Posted by ( hillcitycolonel ) on July 06, 2008 at 10:05 pm
See folks. Poet only helps prove my point. He/she obviously didn’t read or understand a single word of my previous post. He/she also had to resort to personal attacks. This often happens when one knows that their argument is completely unsubstatiated but is still determined to have the last word. This is a logical fallacy called Ad Hominem. Look it up.
NOWHERE did I make a single racist comment. NOWHERE did I single out a particular race. NOWHERE did I say blacks should sit back in the face of injustice. But you know what, NO ONE should do that. No matter what the skin tone. Racism won’t die until people like YOU stop crying racism every chance they get. NOWHERE was there anything that a rational person would deem inappropriate. I called out EVERYONE who screams racism at the drop of a hat. If that gets your knickers all in a bunch then maybe I hit close to home.
Let’s answer some of your questions to me. Would I be so cavalier if the child was white? I already answered that in my previous post. RACE IS NOT AN ISSUE IN THIS CASE! What if the child were mine? He wouldn’t be left unattended for 30 or more minutes at a time.
The name calling is silly and childish. I stand by EVERY comment I have made on this board. The disgraceful ones are those who make statements like “Amherst County doesn’t care about blacks” or “Only racist fools like you still think black folks are supposed to keep quiet in the face of injustice.“ I think, Poet, they should sound awfully familiar.
I’ll give you a chance to reply though. But hear me out. If you’re gonna make a point, use DIRECT QUOTES from me. Don’t twist my words. Show me and the rest of the community EXACTLY what I said that was racist. Show me EXACTLY where I called out a particular race or ethnic group. Go ahead. Try. I’ll be waiting.
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Posted by ( poet ) on July 06, 2008 at 7:05 pm
hillcitycolonel, you have zero credibility. You know nothing about race relations and probably nothing else. Who but the most ignorant of racist could even say what you did in your first post about the Rose family. They don’t deserve an apology???
Would you be so cavalier if that child was white? How about if he was your child? You are an absolute disgrace to any community.
Tell me any instance where white people have died under the same circumstances as the ones I’m spoke of.
The reason why racism won’t die is because of the racist attitudes like your’s and the racist actions that are still perpetrated on black folks. Only racist fools like you still think black folks are supposed to keep quiet in the face of injustice.
Wake up son, those days are long gone and no wishing on your part is going to bring them back.
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Posted by ( hillcitycolonel ) on July 06, 2008 at 1:50 pm
Poet, the point isn’t that Omarion was here one minute gone the next. They didn’t know he was gone for a LONG time. Not until the police showed up. That’s EASILY a half hour from walking out the door to that same door being knocked on by police. I have never not known where my 18 month old daughter is for 30 minute incriments. That’s not a mistake, that’s complete irresponsibity.
Let’s take on the race issue next. The argument that Amherst County doesn’t care about Black people is completely ignorant. If that were the case, then do you really think there would be any black people living there? Let’s think about this. You are saying they don’t care if a black person is killed. The one responsible will be set free in the courts with a slap on the wrist. You are basically saying that there’s also a behind closed doors pat on the back. Do you know why racism won’t go away? Because you people won’t let it. And “you people” doesn’t just mean Blacks. It means White, Red, Yellow, Pink, Blue, or Purple. If you would stop “playing the race card” every time ANYTHING happens then eventaully it won’t be an issue. Seriously, you sound as assenine as Dave Chapelle’s character in “Undercover Brother”. The difference is his character, “Conspiracy Brother”, was intended as comedic hyperbole. You people seem to believe it is reality.
Lastly, let’s talk apology. The Rose family demands an apology from Miss Silby. They fail to remember that Miss Silby turned herself in. She didn’t have to. There were no witnesses. She could still be out there today without remorse. Fact is, she isn’t. Yet the Rose’s are now not only demanding an apology, they are demanding money. Seems like an apology isn’t as important to them as the allmighty dollar. If they are interested in letting this whole thing go away, they’ll publicly tell Miss Silby that they’ll drop the civil action if she will make a public apology. Anything short of this exposes their true colors; you know, dollar bill green for example.
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Posted by ( damalama ) on July 05, 2008 at 2:23 pm
wow news and advance has put there foot down and said don’t speak out againist the rose family, and expose them for who they are. because if you do they will take your post off, however bash the silby family all you want. way to be scared of the race card news and advance..
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Posted by ( poet ) on July 03, 2008 at 5:10 pm
I raised two children and I now help raise seven grandchildren. Show me anybody that has raised children and says they have never looked away for a moment at one time or the other, and turned back to see the child gone, and I’ll show you a liar.
My three yr old, just the other day, got out of the house. We didn’t know he could unlock the front door and still can’t figure out how he even reached the lock on the screen door. Thank God he stayed in the yard for those few scary moments, but things happen like that with children.
That aside, the most reckless parents does not justify this judge for this outrageous decidsion. What you want to bet if it was his kid, or even the kid of the principle whose daughter killed that boy, got hit and killed by a driver reaching for a cell phone?
Of course this is Amherst county. They’ve already proven the life of black people are of no importance. After all it has been five years since the sheriff’s dept killed a black man for trying to get to a telephone.
The justice system in amherst county says so what, its just another black.
This is a travesty and disgrace for the whole state of Va.
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Posted by ( Alan ) on July 03, 2008 at 1:10 pm
I agree with many others. This was a tragic accident but WHY WAS A 2 YEAR OLD CHILD UNATTENDED IN THE ROAD!! WHERE WAS A PARENT OR CAREGIVER!! The child was discovered by a passing driver not a concerned parent or relative looking for the child. Again this is tragic beyond belief. Not just for the childs family but also the young lady who hit the little guy.
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Posted by ( hillcitycolonel ) on July 03, 2008 at 8:57 am
The family is mad at Miss Silby for not offering an apology? What do they expect? They’re going to sue her!! Seriously, if you aren’t willing to offer forgiveness (which is obvious becasue again, they’re going to sue her), then don’t you DARE demand an apology.
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