Lexington County man sentenced to 8-years for crash that killed 81-year-old Pelion woman

Lexington, SC 02/10/2022 (Paul Kirby) – Today, Eleventh Circuit Solicitor Rick Hubbard announced that Bryan Christopher Powers, age 36, from Lexington County, was convicted this week by a jury of his peers for Reckless Vehicular Homicide. He had been on trial for causing the death of Mildred Smith, age 81 from Pelion. Chief Administrative Judge Debra R. McCaslin presided over the trial of this case and ultimately sentenced Powers to eight years in the South Carolina Department of Corrections. Under South Carolina law, Reckless Homicide carries a potential maximum sentence of ten years in prison.

In a public release, Hubbard said that on June 14, 2019, shortly 6:00 p.m., a portion of US-178 (Fairview Road) near Fogle Road in the Pelion area of Lexington County was undergoing some road work to repave the local highway. Two vehicles were stopped at the construction site by a flagman. Powers, who was behind the wheel of a full-sized Chevrolet Silverado pickup, slammed into the rear of the second vehicle, a samller Chevrolet Colorado pickup. Mildred was seated in the rear passenger seat of that vehicle. She sustained massive blunt force trauma from the collision that resulted in her death. Mildred’s death occurred just prior to her 82nd birthday.

During the trial, the testimony presented to the jury included the number of warning signs that were posted leading up to the road work. One flagman who witnessed the collision testified that Powers never slowed down prior to the collision. The South Carolina Highway Patrol’s Multi-Disciplinary Accident Investigation Team handled the investigation of this case and determined that Powers’ speed at the point of impact was a minimum of sixty-three miles per hour. This was more than the posted speed limit prior to the reduction of the limit due to the construction zone. The investigation revealed that there were no pre-impact skid marks associated with Powers’ truck meaning he never applied the brakes. The 11th Circuit Solicitor’s Office investigators conducted follow-up work in this case that was also presented at trial.

During sentencing, members of the victim’s family addressed the court describing that the loss of Mildred has had a profound impact on all of her loved ones.

The case was prosecuted by Senior Assistant Solicitor Todd Wagoner and Assistant Solicitor Jordan Cox. Senior Assistant Solicitor Wagoner following the trial commented that “Powers’ actions were in reckless disregard for the safety of others on our roadway that day. Sadly, Mildred Smith paid the ultimate price for his indifference to the consequences of his actions.”

Powers has a prior criminal history that includes a possession of marijuana, two counts of burglary, and domestic violence.

PHOTO: The truck that Mildred was in at the time of the collision. Powers truck is left and farther away.