New Development in a Teen Driver Facing Murder Charges

Investigators say 14-year-olds Marie Scogin and Kimberly Rabon were passengers in a car which was hit head on by a pickup truck driven by 19-year-old Welborn Pate Johnson on January 13.

Investigators say Johnson was driving drunk when he slammed into a 16-year-old driver, Denise Rabon, injuring her and killing her two passengers.

Tuesday his attorneys went to court, hoping to lower his bond.

“He should not have any right to walk the streets, our babies aren't walking our babies aren't talking, our babies aren't doing anything. He drank, he drove, and he done it before and he should not be let out on bond,” said Marty Scogin, the victim’s mother.

During Tuesday morning pretrial defense attorneys’ witness presented shocking evidence. They say their client wasn't the only one at fault. Defense witness and accident reconstructions Van Calhoun:

“It appears to me that the collision was caused by the Buick being on the wrong side of the road, but THC which is marijuana, she tested positive. So here's what we've got. We've got a 16-year-old driver on dope, in the other hand she ought to be indicted for injuring this man”

The state’s medical records show the driver had previously had a stroke and was on oxygen. District attorney Doug Valeska says that's not true. In fact, he presented information that could determine Judge Jerry White’s decision.

It turns out that was a mixup at the hospital, and the medical records the defense was quoting belonged to an 80-year-old woman.

Prosecutors pointed out that in addition to driving drunk, Johnson also tested positive for marijuana use.

Defense attorneys say they are confident if the judge lowers Johnson’s bond and he is released from jail, he'll be a law abiding citizen.

Prosecutors disagree. They say Johnson has priors that included using alcohol as a juvenile. They say while appearing in juvenile court Johnson once said that if he continued to use alcohol he would hurt not only himself, but others also.

Judge White is expected to make his decision within the next few days.