By Shavonne Potts
Salisbury Post
Christopher Crocker admits he caused the death of Marshall “Marsha” Setzer Ludwick in 2006.
But Crocker says he is not guilty of second-degree murder, the charge for which he’s being tried.
Testimony began Tuesday in the trial of the Rowan County teenager who authorities say caused the head-on collision that killed the Richfield woman.
Police say that on Aug. 9, 2006, the now 17-year-old Crocker stole his father’s truck and drove recklessly throughout Rowan County. Ludwick, 64, was on her way to work that morning when the red-and-gray pickup, pursued by authorities, crossed the center line and collided with her Buick on Bringle Ferry Road.
Before the trial began, defense attorney Sally Waters told the court that Crocker had given her permission to acknowledge that he is guilty of the lesser charge of involuntary manslaughter.
Opening statements were brief Tuesday afternoon in Rowan County Superior Court.
“This case is about consequences of a continued pattern of illegal activity,” Rowan District Attorney Bill Kenerly said.
During jury selection, Kenerly told potential jurors that Crocker’s age ó he was 15 at the time ó was immaterial, but Waters asked them to “remember he was a boy.”
Prior to jury selection, Crocker sported a close-cropped goatee and mustache. Before the trial began, he was cleanshaven.
In August 2006, Crocker had been living with his father, Tim Crocker, for about a year. He decided to visit some friends in South Carolina, and the night before the wreck told his friends on his MySpace online site that he would “borrow” his father’s pickup and be there the next day, Kenerly said.
Bobby Power, owner of Bostian Heights Grocery, testified that he chased Crocker after the teenager stole gasoline from his convenience store on N.C. 152.
Power testified that Crocker pulled up to a pump and waved at him. He said he didn’t know Crocker, but sort of recognized the truck, so he turned on the pump. He explained that he often did that for regular customers.
Crocker pumped $81.42 worth of gas and left. When another truck pulled up behind the teenager, Power said, he thought Crocker was just being courteous and moving away from the pump, but realized quickly that he was stealing gas.
When Power saw the driver had covered the pickup’s license plate with gray duct tape, he jumped into his car and chased after him.
Power followed Crocker, all the while not knowing he was following a teenager, to recoup his gas or money, he testified.
Crocker, chased by Power, weaved in and out of traffic along Old Concord Road, U.S. 29 south, Jake Alexander Boulevard and Salisbury Avenue, near Granite Quarry. The two reached speeds of 65 to 75 mph.
Crocker backed into a car, ran a couple of cars off the road and shot at Power, the store owner testified.
Power said he blocked the truck in a subdivision behind his store and the driver drove around him and into a ditch. While doing so, Crocker reportedly pointed the gun at Power but then hit a ditch, jarring his hand and causing him to shoot his own back window.
Power eventually went back to his store and called 911. A recording of that conversation was played in court.
Waters asked Power if he was angry. He said he couldn’t recall his emotion at that time.
On the tape, he said, “For $81 in gas, I would kick somebody’s ass.”
According to witness statements and a police in-car camera, Crocker led police on a high-speed chase that ended when he crossed the center line on Bringle Ferry Road and crashed into Ludwick.
William Alexander Hall said he was on Bringle Ferry Road that morning and witnessed the wreck. Crocker was behind Hall, but passed him.
He said Ludwick had little time to swerve before the pickup hit her.
Granite Quarry Police Sgt. Kenneth Wayne Trivett testified that the truck sped past him near the Granite Quarry police station.
He followed the truck. Trivett said his speed reached 80 mph and he estimated Crocker’s speed at 90 mph.
“I didn’t know it was a kid. I just thought it was a drunk,” Trivett testified.
During the chase, Trivett told a 911 dispatcher he was in pursuit of a “10-55,” or intoxicated driver.
Trivett said that if he had known the pickup driver was a juvenile who had stolen gas, he wouldn’t have pursued him.
At the time of the crash, most area law enforcement agencies said their policies prohibited chasing a suspect in a gas drive-off. But all said they would pursue a suspect driving recklessly, and would give chase for other reasons.
According to emergency dispatch records, the pursuit lasted a little more than six minutes from the time Trivett engaged until the crash.
Crocker jumped out of the truck following the accident. After chasing him, Trivett went back to Ludwick’s car.
“I told her to ‘Stay with me, help is on the way,’ ” he said.
But when he went around to the driver’s side, he saw that Ludwick was already dead.The trial continues today.