VIDALIA &045;&045; A three-judge panel of Louisiana’s Third Circuit Court of Appeals has reversed a vehicular homicide conviction for Sherry Bailey, acquitting her in the death of Jonesville resident Lillie Ingram.

Bailey, of Ridgecrest, rear-ended Ingram, 79, as Ingram’s car was stopped on U.S. 84 near the Dodge Store on May 30, 2003. Ingram was pronounced dead on the scene.

According to testimony during the May 2004 trial, Bailey had a blood-alcohol level of .098 about an hour and a half after the accident.

The appeals court found that the circumstances did not prove that Bailey had actually caused the death.

&uot;We find, after consideration of the totality of the circumstances, that the evidence was insufficient to meet the standard of proof beyond a reasonable doubt that it was the defendant’s intoxication, combined with her operation of the car, that caused the victim’s death,&uot; the court ruling states.

The appeals court included in its consideration that Ingram’s car, according to witness testimony, was &uot;precariously positioned.&uot;

Ingram’s car was stopped in the left lane of traffic, and one witness testified he did not see any tail lights on.

Concordia Parish Coroner Sarah Lee had ruled that Ingram died from a cervical spine fracture caused by the accident. An autopsy was not performed.

Appeals Court Judge Elizabeth A. Pickett wrote the majority opinion. Judge Marc T. Amy dissented.

Amy noted that the state presented testimony about the effects of the intoxication level on a driver, and noted the lack of skid marks from Bailey’s vehicle indicating she did not make any evasive maneuvers.

&uot;Given this testimony, I conclude that the record supports a determination by the jury that the defendant’s intoxication contributed to the fatal accident and that, although the evidence as to this element was limited, it was proven beyond a reasonable doubt,&uot; Amy wrote in his dissenting opinion.