The resolution to charges filed against a Forsyth man charged with vehicular homicide, following the death of his wife, took place in Jones County Superior Court last week, but he will live with the consequences of his actions for the remainder of his life.
Zachary Schwartz entered a guilty plea to the charge of vehicular homicide due to reckless driving Feb. 12. He was sentenced to 10 years on probation. The negotiated plea was accepted by Superior Court Judge Stephen Bradley. District Attorney Wright Barksdale prosecuted the case, and Schwartz was represented by Defense Attorney Robert Cabe. Barksdale told the court that Schwartz was driving a UTV on Barron Russell Road Dec. 28 and caused the death of his wife Allison because of his reckless driving.
“He was driving too fast for conditions,” Barksdale stated.
The prosecutor said the couple was with a group of friends who were riding the dirt roads known as “The Shoals.” He said the area is full of dirt roads and trails.
Barksdale said while they were riding, a pine tree fell across the road, and another side-by-side hit the tree.
“The defendant snatched the wheel, and they flipped over. That led to Allison’s death,” he said.
Barksdale said law enforcement was called. He said, of six vehicles participating in the ride, only one stayed on the scene until deputies arrived. Beer cans were found at the scene and in the surrounding woods, along with a zip lock bag with marijuana.
The district attorney went on to say that Zachary Schwartz was taken to the hospital for treatment of his injuries, but law enforcement did not get a search warrant for a blood test.
He said Jones County Sheriff’s Office Investigator Crystal Murphy took on the investigation and obtained surveillance of the group buying beer at a local store, and Snapchat video documented the events of that night.
“This was basically a moving party,” he said.
Barksdale said he met with the victim’s parents. Both told him they did not want Zachary prosecuted. Her parents wanted the case dismissed.
He said he made it clear he would not dismiss the case, but he would let the court know their wishes. The parents were in the courtroom during the sentencing but did not want to speak.
The prosecutor said it is typical to include confinement in a vehicular homicide sentence, but this case was different. He said Schwartz came forward to accept responsibility, and there was no toxicology evidence of his intoxication.
Barksdale said it made a difference that the family did not want him prosecuted. He added another factor was their 10-year-old son, who is bedridden due to a rare disease. And then there is the tree that fell across the road.
“He accepted responsibility and has no criminal history,” he said.
Sentencing proceeds
Cabe said Zachary and Allison had been married for 11 years. He said their son is 10 but has the mind and capabilities of a six-month-old. He added that the child receives nursing care provided by the government.
The attorney presented the court with letters of support for Schwartz, and Bradley acknowledged he had reviewed the letters.
“He lost the love of his life,” Cabe stated.
Bradley went over the terms of the plea with Schwartz, stating that the maximum sentence is 15 years confinement and the least 3 years on probation.
The judge asked Murphy to come forward and spoke to her about the sentence.
“Can you live with it?” he asked.
Her response was yes. He then asked Sheriff Butch Reece, who was standing by the bench, if he was in agreement. Reece also said yes.
Bradley proceeded to sentence Schwartz to 10 years on probation.
“This is a very reasonable result in light of the facts,” he added.
Facts of case
Schwartz was charged Jan. 12 with first degree vehicular homicide, which is a felony, and misdemeanor charges of DUI less safe and DUI refusal, possession of marijuana and reckless driving.
He turned himself into the Jones County Sheriff’s Office after being informed of the charges.
Allison Schwartz, 31, lost her life in a Dec. 28 accident that happened on Barron Russell Road. The cause of her death was determined to be the injuries she received in the accident reported at approximately 2:30 a.m.
The report of the accident stated she was a passenger on a 2018 Polaris UTV that was driven by Zachary. The vehicle was traveling westbound toward Round Oak-Juliette Road. The location of the accident was approximately two miles down Barron Russell Road.
The accident report stated the UTV was traveling when a dead pine tree from the wood line fell across the roadway. The driver reportedly applied the brakes and left approximately 32 feet of marks prior to impact.
The impact snapped the tree, and the vehicle continued another 24 feet, where it struck the eastbound embankment. The front left axle was broken, and the passenger was ejected, suffering fatal injuries.
The driver was transported to the hospital with non-life-threatening injuries. He was suspected to be under the influence of alcohol at the time of the accident but refused testing.
