David Wesley Convicted of Reckless Driving

C H A R L O T T E, N.C. July 6, 2000 -- Charlotte Hornets guard David Wesley wasconvicted today of reckless driving, but acquitted of racingteammate Bobby Phills in the moments before Phills died in ahead-on collision six months ago.

Mecklenburg County District Judge Fritz Mercer said enoughreasonable doubt existed about whether Wesley and Phills wereracing their Porsches when Phills died Jan. 12 that he had to findhim innocent of misdemeanor spontaneous speed competition.

Wesley, 29, was given a 30-day suspended sentence for recklessdriving, fined $250 plus court costs and ordered to complete 40hours of community service within the next 60 days. Wesley’sattorneys also said he would be willing to make a public serviceannouncement about safe driving.

Acknowledged Driving Fast

Before Mercer announced his verdict, Wesley acknowledged undercross-examination that he and Phills both were driving fast.

“We weren’t racing,” he said. “We were driving fast. There was no destination. There was no finish line.”

After Mercer announced his decision, Wesley, relieved the trialwas over, said he had learned a lesson from the accident.

“As athletes and even as people, we sometimes think we areinvincible, even to controlling things as powerful as a car,” hesaid. “But sometimes even the simple things you do every day, younever know what can happen.”

Wesley said he still drives the Porsche he was driving whenPhills died, but the accident affected his outlook for a time.

“For a long time, it was hard for me to smile and have fun,”he said. “Bobby and I liked to smile and have fun together. I’msure he would want me to go on.”

Wesley: We Weren’t Racing

The accident happened after a morning Hornets practice on a roadnear the Charlotte Coliseum.

Wesley testified that Phills, 30, was behind him when in hisrearview mirror he saw his car swerve and collide with anothervehicle.

Police said the men were racing their Porsches at speeds of morethan 100 mph when Phills crashed.

Wesley today denied he was traveling that fast.

“Were you going 45?” asked Wesley’s attorney, Bill Diehl.Wesley shook his head no.

“Were you going 100?” Diehl said.

“No,” Wesley replied.

Saw Crash in Rearview Mirror

Wesley testified that Phills left the Coliseum parking lotbefore Wesley and stopped at a red light on Paul Buck Boulevard,which feeds coliseum traffic to Tyvola Road. Wesley said the lightturned green before he reached the traffic light, so he turned leftonto Tyvola without stopping and passed Phills, who followed him.

Wesley was talking on his cell phone to his fiancee when helooked in his rearview mirror.

“I saw him go out of control in my rearview mirror,” he said.“I saw him slide left and it looked like he was going to get itunder control and then he started spinning.”

Wesley said he returned to the scene and called his fianceeagain.

“I told her that it was serious and that it didn’t look good,”Wesley testimony. He also called the Hornets’ trainer and laterreceived a call from Phills’ wife, Kendall.

Conflicting Testimony

Wesley’s version of the events contradicted a prosecutionwitness who said the two Porsches were racing on Paul BuckBoulevard.

Charles Ackerman, 19, of Rock Hill, S.C., testified that he wasat the stoplight when he saw a black Porsche and a white Porsche onthe boulevard.

“I saw them racing side by side,” testified Ackerman, whoestimated the cars’ speeds at 70 mph.

Hornets center Elden Campbell testified that Wesley and Phillswere not racing. Campbell said Phills spun his tires going out ofthe coliseum parking lot, and Wesley’s car pulled up to him andstopped.

Campbell said he told Wesley: “You better not try that or I’llscratch your car with my keys.”

‘Bobby, Bobby’

James Hobbs of Charlotte testified the two sports cars passedhim and veered left into oncoming traffic. One Porsche crashed, hesaid.

Hobbs stopped at the crash scene and saw Phills’ body inside.

Wesley walked up to the car, he said.

“He said ‘Bobby, Bobby.’ And I told him I thought he wasdead,” Hobbs said. He said Wesley sat on the curb and buried hishead in his arms.

The driver of the car Phills collided with was hospitalized withcuts and bruises.

Reckless driving and spontaneous speed racing are misdemeanors,punishable by up to 60 days in jail and a $1,000 fine. Motoristsconvicted of speed competition, or spur-of-the-moment racing, alsocan lose their licenses for up to a year.