Emotions run high in hit-and-run trial

It was an emotional day in court Wednesday as the defense presented evidence and witnesses in the case of North Carolina v. Samara.

"On October 4, 2003, two worlds collided," said District Attorney Carl Fox in his opening statement Wednesday, which he followed with a brief recap of the events surrounding the death of UNC alumnus Stephen Gates.

Gates, also a reporter for the Tar Heel Sports Network, was killed near the split of interstates 40 and 85 last year.

Rabah Samara is facing one felony charge of hit-and-run and a misdemeanor charge of hit-and-run in relation to the incident.

Samara's trial began Tuesday, but was cut short when Fox had a family emergency.

Samara's attorney, Duncan McMillan, reiterated throughout the day Wednesday that it was N.C. State University senior Emily Caveness who was driving the car when Gates was hit.

But Caveness made a deal with the district attorney's office to testify against Samara, and she has, in exchange, had the charges leveled against her reduced.

The prosecution submitted 16 pieces of evidence, including photographs of the vehicles and documents from witnesses, and called seven witnesses.

Bruce Cottrell and Patricia Sawyer were in the car behind the white Cadillac Escalade that Samara and Caveness were driving. The couple made 911 calls after witnessing the accident.

"This is the worst thing I have ever seen," Sawyer testified.

Both Cottrell and Sawyer said they never saw brake lights or any signs that showed that the Escalade was slowing down following the incident. The couple followed the car, honking their horn and flashing their lights, both witnesses said.

When the SUV finally pulled over, Cottrell got out of his car to let the driver of the Escalade know that the SUV had hit someone, he said. He testified that he saw Samara walk out of the car and get into the driver's seat.

Caveness, who was arrested along with Samara in relation to the incident, was also called to the stand. She reiterated that she did not know what had happened.

On the night of the accident, she was at a night club in Durham with Samara, she told the court. When the night was over, Caveness insisted she drive because she had not been drinking.

Just before the incident, a CD was playing in the stereo, two of the passengers were making out in the backseat and Samara was asleep in the front, Caveness testified.

She said that as the car merged onto the acceleration ramp, she saw a light reflect a bright surface and heard an impact. "I couldn't see what I had hit," said Caveness. "Everyone was scared and confused because it was dark."

Samara took over the wheel after she stopped - 700 feet to 800 feet away from where Gates had been changing a ruptured tire.

Craig Hart, a doctor from UNC Hospitals and part-time worker for the medical examiner's office, testified about the condition of Gates' body and brought Gates' parents to tears.

"I would rather remember the golden-haired child and the tall handsome man that was my son," George Gates, Stephen Gates' father, said afterwards.

At the end of the day, the defense made a motion to dismiss the case based on what it called insufficient evidence and again stressed that Samara was not operating the vehicle when it hit Gates.

Presiding Judge Ed Wilson denied the motion.

The defense will now try to obtain a copy of the 911 calls made by the witnesses when the trial resumes Friday, McMillan said.

Contact the City Editor at citydesk@unc.edu.