CLARKSVILLE, TN (CLARKSVILLE NOW) – Day 2 of the vehicular homicide trial for Palikna Tosie featured the absence of an autopsy, a presentation of crash data, and a judge’s frustration over witnesses’ selective memories.
On April 8, 2021, at about 5:10 p.m., Palikna Tosie, 50, was driving over 80 mph down Fort Campbell Boulevard (a 45 mph zone) when he crashed with two other cars. One of vehicles flipped, and the driver, 61-year-old Kimberly Randolph, died at the scene. Tosie is charged with vehicular homicide, reckless driving, lack of due care and speeding. He pleaded guilty to speeding but maintained innocence on the other three counts.
Here are four takeaways from testimony so far.
1. Daughter: ‘She was very loved’
The first witness to take the stand was the victim’s daughter, Ashley Randolph, who described her mother to the jury as a caring mom who loved doing yoga and was enjoying her retirement after teaching kindergarten for 30 years.
“She took great care of our family,” Ashley said through her tears. “She was very, very loved.”
On April 8, 2021, Ashley and her mother had spent the day cleaning out her grandfather’s house. Ashley’s grandfather (Kimberly’s father-in-law) had passed away two weeks earlier. Ashley said it had been a good day and Kimberly was “excited about the progress” they had made on the house and about her plans for the next day with friends.
At around 4 p.m., the mother and daughter parted ways, having driven separately. According to evidence and witness testimony, Kimberly left to pick up dinner for her family at Jumbo Crab.
2. Witnesses’ ‘selective memory’
During cross-examination, Victoria Crosby, lead Clarksville Police FACT Investigator, could only recall taking statements from Tosie and Larry McKeage, the driver of the third vehicle in the crash with Randolph. Body camera footage, however, showed her taking a statement from another eyewitness: a soldier named Maurice Miles.
Along with a written statement, Miles gave Crosby a verbal statement, explaining how he was behind McKeage and watched as a white car was pulling out of the Jumbo Crab “trying to beat traffic.”
The jury was asked to leave the room while the legal matter was resolved. Ultimately, the body camera footage and Miles’ written statement were entered for identification purposes to allow Crosby (and another officer who would be recalled) to refresh their memories.
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Tosie’s attorney, Travis Meeks, expressed his intent to enter these findings onto the record as “excited utterance.” However, Deputy District Attorney Michael Pugh forewarned Meeks that the State would oppose this motion.
“I’ve got a problem with that,” said Judge William Goodman, who was in the process of retiring for a recess, as he turned to face the courtroom. “Let me tell you what I have a problem with. Apparently, we have ‘selective memories,’ and I’m going to give people the benefit of the doubt and allow them to review what’s here and see if that helps memories.”
3. Cause of death, but no autopsy
Though there was no disputing that Kimberly Randolph died on April 8, 2021, Meeks questioned her cause of death.
Dr. Stephen Kent, Montgomery County Medical Examiner, determined that the cause of Kimberly’s death was multiple blunt force trauma as a result of the crash. According to the death certificate that Kent signed, Kimberly pulled out in front of another vehicle and was hit broadside.
However, Meeks pointed out that Kent made this diagnosis without ever seeing Kimberly’s body, relying on witness testimony from EMS responders. FACT investigators and Kent had each decided against performing an autopsy.
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“In this case, with eyewitnesses and the scenario it occurred, it’s obvious this lady died from multiple blunt trauma,” Kent explained.
“How can you exclude that she didn’t have a heart attack before the wreck?” Meeks asked. According to previous testimony, Kimberly had suffered a heart attack years prior.
“Well, I can’t say she wasn’t struck by lightning either,” Kent replied. “But it wasn’t lightning at the time, and I think that she had been seen just moments before the accident and didn’t appear to be in any distress.”
4. Black boxes show over 80 mph
According to Tosie’s statements to Crosby after the crash, Tosie believed Kimberly was trying to turn left, and when he saw her, “It was too fast and too close.” He also claimed he had been driving somewhere between 50 and 55 mph.
During the investigation, evidence was gathered from nearby surveillance cameras that observed the crash, eyewitnesses and “event data recorders,”(EDRs) also known as black boxes. The crash data from the EDRs revealed that Tosie was driving 84 mph at least five seconds before the crash.
The trial continues Thursday morning.
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