Man convicted of DWI causing serious injury, given suspended sentence and probation



Gainesville resident Gregory Ralph McGee appeared before Ozark County Circuit Judge Craig Carter during the September 8 session of Ozark County Law Day and pleaded guilty to driving while intoxicated, causing serious bodily harm to another person, a Class D felony.

Carter gave McGee a suspended execution with a seven-year save and placed him on supervised probation for five years. The SES means McGee doesn’t necessarily have to serve his prison sentence. Instead, the immediate punishment is supervised probation. If McGee violates probation before it’s over, Carter can choose to run the save sentence at that time and send her to serve the seven years in the Missouri Department of Corrections. An SES felony conviction remains in the criminal record of an accused, unlike a conditional sentence (SIS).

The case relates to an accident that occurred on June 30, 2020 on Highway 5 South near Highway W.

MSHP crash report

The Missouri State Highway Patrol’s online accident report indicated that McGee and another driver, Joshua Randolph, a Gainesville resident, were both seriously injured in the two-vehicle crash that happened at 4 pm. 15:15 on Tuesday, June 30, 2020, on Autoroute 5, around 1 mile southeast of Pontiac.

McGee, 62 at the time of the crash, was transported to Baxter Regional Medical Center in Mountain Home, Arkansas, by land ambulance.

Randolph, 31 at the time of the crash, was taken by air ambulance to Cox South Hospital in Springfield. Randolph’s mother, Brenda Miller, and stepfather, Dave Miller, posted an update the morning after the crash, telling friends and family, “Josh is having the first of many surgeries to come. , but it seems stable and strong enough for surgery. Praise be to God, he is alive. He also asks for prayers for the guy in the other car. The thanks don’t seem good enough for the love and prayers we have received and the grace of God is still amazing…. “

According to the MSHP report, Randolph was traveling north in a 2007 Chevrolet Impala on Highway 5 when McGee, driving a 1999 Chevrolet Blazer southbound, crossed the center line and entered Randolph’s lane. Randolph hit McGee’s vehicle from the side, according to the report.

Neither Randolph nor McGee wore seat belts, according to the report.

Elliott’s investigation

Staff Sgt MSHP. L. Elliott wrote in his official report, which is the basis for the probable cause statement in the case, that he was called to the crash site at 4:24 p.m. by MSHP Troop G. Elliott radio staff. wrote that he arrived at the scene about half an hour later at 4:51 p.m.

When the soldier arrived, McGee had already been transported to BRMC and Randolph was being loaded into a medical helicopter for transport to Springfield.

Elliott reportedly interviewed three witnesses to the crash and investigated the crash site and the severely damaged vehicles still at the scene.

“As the vehicles were about to meet, the Blazer partially exited the right side of the roadway, then came back onto the road where it crossed the center line facing the oncoming Malibu. The Malibu struck the Blazer on the passenger side and the vehicles rolled over, ”Elliott wrote in the report. He noted that the Blazer’s engine compartment caught fire after impact, but emergency responders were able to extinguish the blaze.

Elliott said during her investigation at the crash scene, an eyewitness allegedly told the officer that she smelled intoxicants coming from the Blazer. Elliott then spoke with the Ozark County Sheriff’s deputies on site to ask if they noticed the smell of intoxicants or other signs that any of the drivers were driving their vehicle under the influence of drugs or alcohol. MPs confirmed they also smelled alcohol on McGee, and the former Ozark County Sheriff’s Deputy Corporal. Curtis Dobbs told Elliott he believed McGee was likely intoxicated at the time of the crash.

Confront McGee

Elliott reportedly called Ozark County District Attorney John Garrabrant, who “advised the best solution would be to go to Baxter Regional Medical Center and try to get a voluntary blood sample from McGee,” wrote Elliott.

The officer photographed the vehicles and asked MSHP Troop G to send an accident reconstruction specialist to respond to the scene.

The agent then went to the BRMC.

“McGee was lying on a stretcher when I told him I was there to investigate the accident he was involved in,” Elliott wrote in the report. “He became argumentative and asked where the accident had happened. I told him the location, but he continued to argue and not answer my questions about the accident.

Elliott mentions in the report that during the conversation, he smelled the strong smell of alcohol on McGee’s breath and noticed that his eyes were watery and bloodshot. Elliott reportedly asked McGee how much alcohol he had drunk that day, and McGee told the officer he had drunk three beers. The officer asked when he had his last beer, and McGee said he didn’t know, according to the report.

DWI test

Elliott asked McGee to submit a preliminary breathalyzer test, which he did. The result was positive for alcohol and above the legal limit; however, the report does not say what the exact breath test result was.

Elliott asked McGee to take the horizontal gaze nystagmus test, and McGee again agreed, according to the report.


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