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Test: Driver charged in fatality in Elon had drugs in system

Monday, January 2, 2012
(Updated 7:38 am)

A woman charged in July with hitting and killing a woman on N.C. 100 in Elon near a license checkpoint had three different drugs in addition to alcohol in her system at the time of the incident, according to a toxicology report.

Lisa Dianne Sutton, 42, of Ingle Street, Gibsonville, faces charges of misdemeanor death by a motor vehicle in the death of 21-year-old Shakeshia Taylor of Mebane and failing to move over for an emergency vehicle. Her next court date is Jan. 18.

The license checkpoint conducted by the Elon Police Department was on N.C. 100. Elon police officer J.T. Turney was speaking with Taylor and several others on the side of the road at about 12:35 a.m. July 8 when Sutton, who was driving a 1998 Jeep Grand Cherokee west on the road, approached the area but allegedly didn't slow down. There were two police cars on the side of the road with blue lights flashing.

The Jeep struck and killed Taylor. The mirror of the Jeep hit Turney. He was taken to the hospital and was treated and released.

Sutton, who allegedly told officers she had a couple of drinks earlier in the evening on July 7, blew a .04 and failed the horizontal gaze nystagmus test typically done by law enforcement officers investigating a potential impaired driver, according to warrants.

Sutton was originally charged with driving while impaired. Assistant District Attorney Meredith Bishop, who is prosecuting the case, was called to the scene and went to the magistrate's office. The DWI charge was dismissed that night because of lack of probable cause, but blood was drawn for a toxicology test.

The test was completed last month, but it is unknown when the report was returned to Alamance County and placed in Sutton's file. The report said: "Analysis confirmed the presence of the following substances: diphenhydramine, meclizine and tramadol."

Diphenhydramine is a drug typically used to treat cold and allergy symptoms, to prevent motion sickness or to treat insomnia. Meclizine is typically used to prevent motion sickness. Tramadol is used to relieve moderate to severe pain, according to the U.S. National Library of Medicine.

"The SBI is backed up when it comes to blood toxicology," said Alamance County District Attorney Pat Nadolski. "It's was done in November and then it's sent to us. I'm not sure what day it came into the file. I know we got the toxicology this month."

At the time of the incident, officials with the N.C. Highway Patrol, the agency that investigated the incident, told the Times-News that toxicology results could change Sutton's charges.

"There has been no change in the charges at this point," Nadolski said.

Sutton's original court date was Oct. 4, but the case was continued because toxicology results were not back. It's possible the case will be continued again on Jan. 18 because Bishop can't be in two places at one time, Nadolski said.

"The prosecutor handling the case is scheduled to be in superior court at the same time," he said.

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