SEQUOYAH COUNTY (KFSM) — A man who has been charged in connection to an ATV crash that left another man with brain damage was arrested Tuesday (June 7) on suspicion of driving under the influence, according to the Sequoyah County sheriff.
Sheriff Ron Lockhart confirmed Joey Gray was taken into custody. The sheriff’s office said Gray was arrested around 4 a.m. near County Road 1060 and 4815.
A Sequoyah County deputy initiated a traffic stop on Gray after noticing the vehicle he was driving did not have a working tag light, according to Gray’s arrest report. When the deputy attempted to pull the pickup truck over it sped up on County Road 1060, then sped up again as it turned onto County Road 4815 before eventually pulling over, the report states.
Gray stepped out of the vehicle and while collecting his driver’s license information the deputy noticed an odor of alcohol coming from Gray, according to the report. Gray was also unsteady on his feet and had red, watery eyes, the report states.
The deputy asked Gray if he had been trying to get away from him, to which Gray replied that he almost did get away, according to the report. The deputy also asked if Gray had alcohol inside the truck. He found four Busch Light cans and three Bud light bottles behind the driver’s seat, the report states.
After performing several sobriety tests, Gray was placed under arrest for suspicion of driving under the influence, according to the report.
Gray also blew a 0.06 both times he was tested with a breathalyzer, the report states. Since Gray is under the age of 21, the legal limit in his case was 0.02, according to the report.
The vehicle Gray was driving was released to his mother, Angela Gray.
Gray, his mother and Kyle Brannon are all charged with conspiracy in connection to a September 2013 ATV crash that left Christian Mayberry with severe brain damage. Mayberry was 16 at the time of crash.
All three went before a judge May 31 for a preliminary hearing related to that case.
Joey Gray turned himself in on a felony conspiracy warrant May 10 after the warrant was issued in January. His arrest report states Joey Gray, his mother and Brannon had been drinking at the time of the wreck.
Angela Gray faced a jury trail last year after she was charged with leaving the scene of an injury accident, but it ended in a mistrial after jurors said they could not determine who was driving the ATV.
During the May 31 preliminary hearing, a judge determined all three will face trial.
About a dozen witnesses were called to the stand, including Christian Mayberry. Most witnesses told the court Angela Gray was the driver and she had seemed intoxicated before the accident.
The prosecution said they plan to prove Angela Gray was driving the ATV while intoxicated and her son and Brannon tried to take the blame for the crash.
One witness, a teenager at the time, told the court beer was poured in Mayberry’s face in an effort to wake him up and blood was coming out of his left ear.
Investigators said Mayberry flew 12 feet in the air when the ATV crashed and was unconscious for a period of time. Court documents state Mayberry was left alone in a ditch for hours before anyone called 911.
During Angela Gray’s 2015 trial, an investigator testified phone records show Angela Gray, Joey Gray and Brannon made more than 50 phones calls between the three of them before a 911 call was made from Joey Gray’s phone.
Brannon was arrested in 2014 in connection to the case after investigators said he cleaned up the wreck by picking up an ice chest and beer. Records also show he moved Mayberry.
According to Mayberry’s mother, her son has gone through multiple surgeries and therapy since the wreck and is still in recovery three years later.