Commonwealth v. Dorek Emanuel Hayes; 11 Years to Serve for Hit & Run DUI Conviciton-72 Year Old Victim Seriously Injured

Release Date: Monday, August 30, 2010 5 p.m.

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Dorek Emanuel Hayes, 30 years old, previously residing in the 800 block of Pencil Box Way, Virginia Beach, Virginia, was found guilty on June 14, 2010, and sentenced today on charges of D.U.I. Reckless – Victim Permanently Impaired, Hit & Run – Personal Injury and D.U.I. Second Conviction Within 5 Years. Circuit Court Judge H. Thomas Padrick sentenced the defendant to a total of sixteen (16) years to serve in the Virginia State Penitentiary with five (5) years suspended. The defendant’s period of active incarceration is eleven (11) years. Also, his operator’s license was revoked. “Shockingly, the guidelines promulgated by the Virginia Sentencing Commission called for a sentence of one day to six months,” Bryant said. “This victim’s quality of life and lifestyle has been drastically altered, as has that of her husband.”

The Commonwealth’s evidence proved that on December 30, 2009, at approximately 5:20 p.m., Mary Edwards, age 72, was pushing a shopping cart along the edge of the 4700 block of Honeygrove Road, in Virginia Beach. This is a residential neighborhood with a speed limit of 25 mph. The defendant, Dorek Hayes, drove a vehicle down Honeygrove without headlights at approximately 45 mph. His car struck Ms. Edwards and knocked her down, into a yard. The shopping cart was knocked a house or two away. Seconds later the defendant’s car almost struck a car turning onto Honeygrove. The defendant kept driving down Honeygrove until he crashed into a parked van in front of 4820 Honeygrove Road.

Ms. Edwards was taken by ambulance to Sentara Virginia Beach General Hospital, where she remained for over two months. She was then transferred to Sentara Norfolk General Hospital and finally to a nursing home, where she remains. Both of her ankles were broken, as were both bones in her lower left leg and the bone in her upper right leg. Her left elbow was smashed and dislocated. Her left shoulder was smashed, and she had an artificial joint put in. She had a cracked hip, cracked vertebrae, and a couple of cracked ribs. Her lungs were bruised and numerous teeth were knocked out.

Police found eight unopened individual-sized brandy bottles in the defendant’s pockets. As police dealt with him, the defendant passed out in the car twice, and the officer was unable to understand his speech. His speech was slurred and eyes were glassy. He could not stand, and was falling and leaning on objects. He said he had not consumed any alcohol recently. He refused to perform any field sobriety tests or a breath test.

After the defendant was arrested, his cell phone was recovered. The phone contained three text messages received that day at 3:50 p.m., 3:57 p.m. and 4:07 p.m. from a friend. They said “Ur eyes are red and glassy … Get sober 1st”; “U shouldn’t be behind the wheel of a car”; and “Not 2day … Not while ur under the influence”.

In addition to these latest convictions, the defendant was convicted in 2006 in Virginia Beach of Driving While Under the Influence – First Offense.

Senior Assistant Commonwealth’s Attorney S. Catherine Dodson prosecuted the case. Please call Amanda Herman if additional information is desired.

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