Driver in death of 2 kids to serve 120 days in jail

Driver in death of 2 kids to serve 120 days in jail

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by TONY BURBECK / NBC Charlotte

Bio | Email | Follow: @TonyWCNC

WCNC.com

Posted on May 3, 2013 at 5:54 PM

Updated Tuesday, Nov 19 at 2:17 PM

CHARLOTTE, N.C. -- A Sears delivery truck driver will spend 120 days in jail after being convicted Friday of misdemeanor death by vehicle in the accident that killed two young brothers in west Charlotte.

In addition to the 120 day sentence, Dirk Jerome Brown also gets his license revoked for a year.

Brown hit and killed one year-old Jeremy Brewton and  Brewton's five year-old brother Kadrian Pendergrass on February 22, 2012.  It happened at the intersection of Shady Lane and W. Tyvola Road as the boys walked with ther dad and sister to daycare.

The boys' parents say they do not feel the 120 day sentence is justice, because Brown eventually gets to go home, and Jeremy and Kadrian did not.

Browns' defense attorney said Brown was being very careful when he approached the intersection and waited for traffic before turning, but simply did not see the family by the truck.

"He thought it was clear, he proceeded, he thought he was doing everything he could.  Nevertheless, accidents happen.  That's what this case is, an accident, not a crime," said defense attorney Mark Foster

Foster said the boys should not have been in the road with their dad, pushing a stroller.

"It's solely that cause and nothing my client did," Foster argued.

The jury didn't agree and sided with prosecutors who say Brown should have seen the family and prevented the accident.

"The fact that a pedestrian made a decision to walk on the wrong side of the road doesn't excuse you from paying attention to where you are going and doesn't excuse you from your duty to avoid these pedestrians," said prosecutor Ben Royster.

Royster says the family is still having a hard time with the loss.  

The judge scolded Brown during sentencing for having his first call after the accident go to someone Brown knew instead of for help.

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