Cape Hatteras National Seashore (NC)
Involuntary Manslaughter Conviction
On February 13th, George Wheatly, 21, of Beaufort, North Carolina, was
convicted in federal court on several charges stemming from a fatal accident
that occurred in the park last summer. During the early morning hours
of June 14, 2003, Wheatly was driving a Jeep on the beach of Ocracoke
Island when it overturned and came to rest upside down in the ocean about
15 feet from shore. Two of Wheatly’s passengers survived the accident,
but a third – Julian Strauch – did not. Strauch, a citizen
of Germany, was residing in the United States at that time as an exchange
student. Rangers detected the odor of alcohol about Wheatly, placed him
under arrest, and had his breath alcohol checked about 90 minutes later.
It came back as .08%. Wheatly was convicted of “knowingly killing
Strauch in the commission of unlawful acts not amounting to a felony,
that is, driving while impaired and reckless driving, or in the commission
in an unlawful manner and without due caution and circumspection of a
lawful act which might produce death (involuntary manslaughter).”
Wheatly could receive a maximum sentence of six years in prison, a $250,000
fine, and three years’ supervised release. Wheatly was also found
guilty of a number of misdemeanors – reckless driving, unsafe operation
of a motor vehicle, possession of alcohol by a person under 21, carrying
an open container of alcohol within a vehicle, DUI, and failing to wear
a seatbelt. He could receive a maximum of six months on each of those
charges.
[Submitted by Paul Stevens, Law Enforcement Specialist]
Friday - February 13, 2004
RALEIGH - United States Attorney Frank D. Whitney announced that GEORGE
EDWARD WHEATLY, JR., 21, of 156 Hawland Parkway, Beaufort, N.
C., was convicted in federal court in Raleigh on Friday, February 13,
2004, following a jury trial. The jury found him guilty of:
Knowingly killing Juliane Strauch in the commission of (1) unlawful acts
not amounting to a felony, that is, driving while impaired and reckless
driving, or (2) in the commission in an unlawful manner and without due
caution and circumspection of a lawful act which might produce death.
for which he could receive a maximum sentence of six years imprisonment,
a $250,000.00 fine, and three years of supervised release.
In addition, WHEATLY was found guilty of the following misdemeanors:
- Reckless driving;
- Unsafe operation of a motor vehicle;
- Possession of alcohol by a person under the age of 21;
- Carrying an open container of alcohol within a vehicle; and
- Driving under the influence.
He pled guilty to not wearing a seatbelt, also a misdemeanor.
For each of the six misdemeanor charges, WHEATLY could receive a maximum
sentence of six months imprisonment.
Chief U. S. District Judge Terrence W. Boyle will schedule sentencing
at a later date.
According to evidence and testimony presented in court, during the early
morning hours of June 14, 2003, WHEATLY was driving a Jeep motor vehicle
on the beach of Ocracoke Island, within the Cape Hatteras National Seashore.
The Jeep overturned and came to rest upside down in the ocean, approximately
15 feet from the shore. Two of WHEATLY's passengers survived the accident,
but the third, Juliane Strauch, could not be revived and was pronounced
dead upon arrival at the health center in Ocracoke. Ms. Strauch was a
citizen of Germany and was residing in the United States at that time
as part of an exchange student program. At the site of the accident, officers
detected the odor of alcohol about WHEATLY. He was placed under arrest,
and approximately one and one-half hours later given an Intoxilyzer test,
which revealed a breath alcohol content (BAC) of .08%.
Investigation of the case was conducted by the National Park Service.
Assistant U. S. Attorneys Barbara D. Kocher and Thomas B. Murphy prosecuted
the case for the government.
Published: May 29, 2004
Modified: May 29, 2004 6:27 AM
Beach death brings prison
Surf wreck killed exchange student
By ANNE SAKER, Staff Writer
RALEIGH -- A scion of a prominent Carteret County family was sentenced
to prison for close to four years Friday for causing the death last June
of a German exchange student who was a passenger in a Jeep that overturned
in the surf during an end-of-school party on Ocracoke Island.
George Edward Wheatly Jr., 20, of Beaufort, was sentenced in U.S. District
Court to three years, nine months in federal prison, to be followed by
three years of supervised release, then five years of probation.
Before pronouncing the sentence, U.S. District Judge Terrence Boyle allowed
Wheatly to speak.
The young man, dressed in a knit sport shirt and white work pants and
wearing leg shackles, turned to the mother of Juliane Strauch and said:
"I just want to say I'm sorry for everything that happened. I didn't
mean for this to happen. I want to apologize to the family and to my family."
He acknowledged that he is an alcoholic and vowed never to drink again.
The case was tried in federal court, rather than state court, because
the accident took place on the Cape Hatteras National Seashore, which
is federal land.
In February, a federal jury convicted Wheatly of involuntary manslaughter,
a felony, as well as the misdemeanors of driving under the influence,
reckless driving, unsafe operation of a motor vehicle, possession of alcohol
and carrying an open container of alcohol in a car. Before the trial,
Wheatly pleaded guilty to not wearing a seat belt.
In imposing the prison sentence Friday, Boyle also ordered Wheatly to
pay about $22,000 in restitution to Strauch's family.
Strauch was 17 and had just finished her exchange year at East Carteret
High School, where she got good grades and was elected to the prom court.
She was two weeks away from returning to her home in eastern Germany.
Wheatly is the grandson of Claud Wheatly, a well-known Beaufort lawyer,
and he is the son of George Edward Wheatly, the owner of a Beaufort oil
and tire business. The 20-year-old Wheatly worked for his father.
The youth has an extensive state record of alcohol-and-driving charges.
Between 1999 and 2001, he was charged twice with driving while intoxicated
and twice of driving after consuming alcohol, but all those charges were
dropped. In 2001, he was convicted of driving while intoxicated and in
2003 of possessing alcohol while under age.
During Wheatly's trial, the jury heard testimony that on the night of
June 14, Strauch went with friends to Ocracoke Island to celebrate the
end of the school year.
Wheatly arrived in a Jeep owned by his father's business. Witnesses said
he drove along the beach recklessly, getting his Jeep stuck in the sand
twice.
Then Wheatly got two male friends and Strauch into his Jeep and took off.
Witnesses estimated that he was driving at 50 or 60 mph. Suddenly, the
Jeep disappeared. When Strauch's friends arrived at the scene, they found
the Jeep flipped over in the water.
Wheatly and one other passenger were uninjured. Another passenger was
slightly injured. Strauch died at the scene.
On Friday, Assistant U.S. Attorney Thomas Murphy told Boyle that when
Wheatly got out of the Jeep, he pleaded with his friends, "Hey, one
of you guys has to say you're the driver. I can't afford any more DUIs."
Boyle also heard from Strauch's mother, Alexandra, who read a statement
praising her daughter and her "bright spirit." She then turned
to Wheatly.
"I believe that you will not have an easy time to endure," she
said, "but you are alive, and Juliane is dead -- and you are to blame."
Staff writer Anne Saker can be reached at 829-8955 or asaker@newsobserver.com.
© Copyright 2004, The News & Observer Publishing Company,
a subsidiary of The McClatchy Company
SPEAK OUT IN THE FORUM
