Conviction upheld for man who killed Moss Bluff jogger, but errors found in sentencing
Published 4:48 pm Thursday, April 14, 2022
The conviction for a Moss Bluff man who pleaded guilty in the 2020 death of a man who was run over while working out with his CrossFit group has been upheld, but his sentence will be vacated and sent back to the trial court.
The 3rd Circuit Court of Appeal ruled this month that errors were made when George D. McKinney Jr. was sentenced for striking Jason D. Webb, 30, at a high rate of speed while under the influence. The court said McKinney received an indeterminate sentence because the trial court failed to specify the amount of time to be served without benefit of probation, parole or suspension of sentence. The court also said the 14th Judicial District Court ordered McKinney to pay restitution to the family for funeral expenses, medical bills and any future counseling Webb’s children may need without determining a set amount.
McKinney was arrested on Oct. 29, 2020, after striking Webb, 30, who was jogging on Old Highway 171. The Calcasieu Parish Sheriff’s Office told the American Press at that time that McKinney was traveling southbound at a high rate of speed when he crossed the center line and struck Webb.
Webb was transported to a local hospital, where he died from his injuries.
Deputies said they noticed signs of impairment and found alcoholic beverages in McKinney’s vehicle. A breath intoxilyzer test later revealed he was two times over the legal limit.
Initially McKinney pleaded guilty to vehicular homicide with a blood alcohol reading of 0.8 or higher and was sentenced up to 30 years in prison with at least three years to be served without benefit of probation, parole or suspension and a fine of not less than $2,000 and no more than $15,000. The appeals court ruled, however, that the trial court didn’t specify how many years were to be served without benefits and did not establish a payment plan for restitution.
The court also found the trial court failed to order McKinney to participate in a court-approved substance abuse program as required by law.