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Man charged with negligent homicide after fatal DUI accident

By Staff | Jan 9, 2015

A former Martinsburg man accused of causing a fatal three-vehicle accident on W.Va. 45 in November had a blood alcohol concentration that was more than twice the legal limit, according to medical records obtained by police.

Joshua Dupre Brown, 27, of Shepherdstown, was arrested Saturday in Jefferson County on warrants charging him with one count of felony driving under the influence causing death, one misdemeanor count of negligent homicide, one misdemeanor count of failure to maintain control of a vehicle and one misdemeanor count of failure to drive on the right side of the roadway.

The victim, 87-year-old Nelson Boyd Robinson, of County Line Drive, Martinsburg, died after allegedly being struck head-on by Brown’s vehicle after the accused tried to pass another vehicle. Robinson was transported to Berkeley Medical Center in critical condition and was later pronounced dead. Robinson’s dog also died as a result of the accident.

Brown was flown to Winchester Medical Center after the wreck.

According to police reports, the Jefferson County Sheriff’s Department responded at about 7:14 p.m. on Nov. 1 to W.Va. 45 at Byers Lane for a report of a motor vehicle accident with entrapment. Police arrived at the scene and found three vehicles on the south side of the roadway at 6198 Martinsburg Road. Medics were working on one of the patients in an ambulance. The patient, later identified as Robinson, was the driver of one of the vehicles involved in the accident, a red Chevy Colorado.

The driver of a silver Dodge Durango, later identified as Brown, was still in the driver’s seat of that vehicle and needed to be extricated. Police made contact with the driver and passenger from the third vehicle involved in the accident, a blue Kia Sorrento. Neither occupant of that vehicle was injured, records show.

The passenger told police they had been been traveling west on W.Va. 45 when he noticed a vehicle attempting to pass them from behind. He told his friend to stop, but – before the driver of the Kia could react – the driver of the Durango was striking mailboxes and struck the front passenger side of their vehicle, records show.

The collision forced the Kia across the road, where it hit a tree on the south side of the road at a driveway located at 6198 Martinsburg Road. The passenger from the Kia told police that the driver of the Durango then struck Robinson’s oncoming vehicle head-on.

Police in Jefferson County requested the Frederick County (Va.) Sheriff’s Department to obtain a search warrant for Dupre’s medical records, blood test results.

After obtaining the search warrant, police reviewed Dupre’s medical records and discovered a blood sample was taken indicating the accused’s blood alcohol concentration was .184 percent, or twice the legal limit.