A Coweta County jury spent Wednesday weighing sharply different versions of what led to the death of tow-truck operator Toby Bowden on Interstate 85 in March 2023. Prosecutors say truck driver Christopher Thornton was high on marijuana and driving recklessly. The defense says an unpredictable driver up ahead slammed the brakes and turned the highway into a deadly chain reaction. By the time court recessed late Wednesday, jurors still had not reached a verdict.
Prosecutors told jurors Thornton was not just careless but impaired behind the wheel. A Georgia Bureau of Investigation toxicology expert testified that blood samples showed he had smoked a large amount of marijuana that morning and was under the influence at the time of the crash, according to FOX 5 Atlanta. Lead prosecutor Nathan Stewart pressed that point as the heart of the state's vehicular homicide case, and the testimony, along with closing arguments, sent the panel into deliberations Wednesday afternoon.
Trial Testimony and Toxicology
Thornton took the stand in his own defense and gave jurors a very different story. He testified that he had not smoked marijuana in days and insisted the real problem was a car in front of him that suddenly slammed on its brakes, leaving him no choice but to swerve into the emergency lane, where he struck Bowden, according to court coverage. Defense attorney Jackie Patterson argued that the crash was a tragic accident triggered by another driver's actions, not a crime, per FOX 5 Atlanta.
How the Crash Happened
Bowden, 49, had been working to tow a semi-truck sitting in the I-85 median on March 15, 2023, when Thornton's vehicle hit and killed him, according to earlier reports. In the days that followed, fellow tow operators and emergency responders organized a procession through Newnan to honor him, a show of solidarity that also highlighted how dangerous highway shoulders can be for roadside workers, per WSB-TV.
Legal Stakes
Thornton is charged with homicide by vehicle in Coweta Superior Court. Under Georgia law, a death caused by driving under the influence or reckless driving can be prosecuted as first-degree vehicular homicide, a felony that typically carries a prison sentence ranging from three to fifteen years, according to state code summaries. The homicide-by-vehicle statute is codified at O.C.G.A. § 40-6-393, which legal summaries note sets different penalties depending on the degree of the charge and the surrounding circumstances, per Justia.
Why Tow Drivers Are Watching
Tow operators across Georgia have been watching the case closely as a real-world test of how seriously drivers and courts treat the state's Move Over law. Georgia's driver manual instructs motorists to change lanes, when possible, or at least slow down significantly for stopped emergency, utility, and tow vehicles on the roadside, guidance spelled out by the Georgia Department of Driver Services, per Georgia DDS. Local reporting has tied Bowden's death to broader concerns about how often those rules are ignored and the deadly consequences for workers who spend their days just a few feet from highway traffic, per The Atlanta Journal-Constitution. The jury remained in deliberations Wednesday, and a verdict could come at any time.
