OCT 08 2019 inpieueas ANITA WRAY, CIRCUIT CLERK . WX hay De STATE OF MISSISSIPPI vs. cause no, AMF: Oye ee E JAMES K, DEVAULT DEFENDANT Indictment for the offense of: CULPABLE NEGLIGENCE MANSLAUGHTER (2 Counts) and DRIVING UNDER THE INFLUENCE — RESULTING IN DISFIGUREMENT OF ANOTHER (1. Count) MISS, CODE ANN. §97-3-47 & 63-11-30 IN THE CIRCUIT COURT OF MADISON COUNTY, JULY TERM 2019 Recalled September 4, 2019 ‘The Grand Jurors of the State of Mississippi, taken from the body of good and lawful citizens of Madison County, elected, summoned, impaneled, sworn and charged to inquire in and for the body of the county aforesaid, at the term aforesaid of the Court aforesaid, in the name and by the authority of the State of Mississippi, upon their oath present that: COUNT I JAMES K. DEVAULT, on or about the 28" day of July, 2018, in the county aforesaid and within the jurisdiction of this Court, did kill Jack Harper, a human being, by culpable negligence and without authority of law, by driving a motor vehicle in a northbound direction of travel on Highway 463 in the lanes dedicated exclusively to southbound traffic and striking the southbound motor vehicle operated by, and causing the death of, Jack Harper, in violation of Miss. Code Ann. §97-3-47 (1972, as amended); COUNT II JAMES K. DEVAULT, on or about the 28" day of July, 2018, in the county aforesaid and within the jurisdiction of this Court, did kill Robert Lenoir, a human being, by culpable negligence and without authority of law, by driving a motor vehicle in a northbound direction of travel on Highway 463 in the lanes dedicated exclusively to southbound traffic and striking the southbound motor vehicle operated by, and causing the death of, Robert Lenoir, in violation of Miss. Code Ann. §97-3-47 (1972, as amended);COUNT III JAMES K. DEVAULT, on or about the 28° day of July, 2018, in the county aforesaid ‘nd within the jurisdiction of this Court, did drive or otherwise operate a motor vehicle gh the public roads of the State of Mississippi while under the influence of any drug or Controlled substance, to wit: 5-fluoro CUMYL-PINANCA, a Schedule | Controlled Substance, the possession of which is unlawful under the Mississippi Controlled Substances Law, and did, in a negligent manner, while operating a motor vehicle, disfigure, mutilate, permanently disable or destroys any limb, organ or member of David Potvin, a human being, in violation of Miss. Code Ann.§63-11-30(5) (1972, as amended); ‘And all of the above (Counts | through II) being against the peace and dignity of the State of Mississippi. Endorsed: A True Bill fcc Ui: pel ~*2 FOREPERSON OF THE GRAND JURY, ott ATTORNEY AFFIDAVIT COMES NOW Richard W, Harrell, Foreperson of the September 4, 2019, Madison County Grand Jury, and makes oath that this Indictment presented to this Court was concurred by twelve (12) or more members of the Grand Jury, and that at least fiteen (15) members thereof were present during all deliberations, : & a FOREPERSON OF THE GRAND JURY ‘SWORN TO AND SUBSCRIBED before me on this, the day of bleu zor ANITA WRAY, CIRCUIT CLERK OF MADISON COUNTY, MISSISSIPPI