This week, the Superior Criminal Court in Forsyth County handed down a sentence of 40 years in jail for a local man, recently found guilty of multiple charges stemming from a 2016 wreck that left one man dead and four injured.
According to Assistant District Attorney Jennifer Scalia, on Tuesday afternoon Joshua Davis, a 32-year-old resident of Cumming, was sentenced to 40 years in jail by Judge Philip Smith for two counts of homicide by vehicle, four counts of felony causing serious injury by vehicle, and one count each of driving under the influence and reckless driving.
Joshua Davis, a 32-year-old resident of Cumming, has spent nearly two years behind bars in the Forsyth County Jail.
According to testimony during the trial, Davis was arrested on May 7, 2016, after a 2009 Ford F-250, operated by him, drifted into the southbound lane of Old Atlanta Road between St. Marlo Club Parkway and Hilltop Drive and struck a 2001 Ford F-250 traveling southbound.
Adolfo Mendoza, the driver of the 2001 Ford F-250, died from his injuries at Grady Memorial Hospital more than a month after the wreck. Four other passengers of the 2001 Ford F-250 were taken at the time to North Fulton Hospital with critical to minor injuries.
Scalia said beyond being sentenced for the crimes jurors found him guilty of in March, he was also resentenced for crimes he pleaded guilty of in 2014.
She said Davis pleaded guilty to drug charges in 2014 as part of a plea deal, and was released after two years in jail on first offender probation. According to Scalia, by being arrested for the wreck in 2016 Davis broke his first offender probation and was able to be resentenced by Judge Smith.
In addition to the resentencing for the crimes in 2014, Scalia said that Davis declined to wave his fourth amendment right that would allow authorities to subject him to random drug screenings during the term of his probation.
"Since he declined to waive those rights, the judge decided to run the new sentence consecutive ... if you’re not going to do that, then you are just going to have to sit in prison because we can’t insure that you will follow the rules," she said.
In total, Davis was sentenced to 40 years in prison.
“The jury did the absolute right thing," Scalia said.