Court throws out drunken-driving murder conviction

RALEIGH, N.C. - The state Supreme Court threw out the murder conviction of a drunken driver Thursday, ruling that North Carolina's felony-murder law can't be applied in such cases.

Thomas R. Jones' case was believed to be the first in the nation in which prosecutors sought the death penalty in a driving-while-impaired case. Prosecutors won murder convictions in similar trials in Washington state in 1996 and California in 1995, but declined to seek the death penalty.

A jury sentenced Jones to life in prison in 1997 after he was convicted of killing two Wake Forest University students and injuring two other. He admitted taking pain killers and drinking beer, and was over the legal blood-alcohol limit at the time.

In seeking a first-degree murder conviction and the death penalty, Forsyth County prosecutors invoked the state's felony-murder rule. Under the law, anyone who kills while committing a separate dangerous felony can be prosecuted for first-degree murder, even if the person did not intend to kill.

Prosecutors contended that Jones used his car to assault the two students who survived, creating a separate felony to justify the murder charge.

The Supreme Court unanimously ruled, however, that allowing the felony-murder rule to be used in drunken driving cases would set a dangerous precedent. The court said it could result in capital charges in other cases of criminal negligence that resulted in death.

The court said North Carolina law does not prohibit a second-degree murder conviction in drunken-driving cases where the driver acts with malice or indifference.

Vince Rabil, the Forsyth County assistant district attorney who prosecuted Jones, said he would likely seek another trial with Jones facing a second-degree murder charge.

Jones' lawyer, David Freedman, said the decision showed the court was not swayed by political pressure to get tougher on drunk drivers, adding: ''Obviously, it's an important case for Mr. Jones, but it's a much more important case for the motorists of North Carolina.''

The court rejected appeals by Jones on his convictions of drunken driving and assault, so he remains in prison.