CLARKSVILLE, TN (CLARKSVILLE NOW) – After jury deliberation and four days of testimony, Palikna Tosie, who had been charged with vehicular homicide, was found guilty of a lesser charge of reckless homicide in the death of 60-year-old Kimberly Randolph.
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 was charged with vehicular homicide, reckless driving, lack of due care and speeding. At the start of the trial, Tosie pleaded guilty to speeding but maintained innocence on the other three counts.
‘I would give my life to bring her back’
As court resumed on Day 4, the defense called in one last witness to testify. As the defense, Travis Meeks, called out the name, Tosie took a deep breath, pushed away from the table, and made his way toward the witness stand.
During his testimony, he turned his gaze to the family of Kimberly Randolph sitting in the gallery and tearfully apologized to them, saying, “Before I continue, I want to sincerely apologize to the family. It was a terrible and tragic accident that I couldn’t avoid. I was able to avoid one car, but I was not able to avoid her. I would give my life if I could bring her back, but unfortunately, I can’t do that. But please know that my heart is broken for your loss and it was a terrible and tragic accident.”
Tosie maintained that while his speed contributed to this accident, he could not have anticipated Randolph’s decision, a decision that gave him only a matter of seconds respond. Seconds that Tosie didn’t have.
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‘Rules for thee, but not for me’
Deputy District Attorney Michael Pugh criticized the defense’s argument as he began closing statements. “Rules for thee, but not for me,” Pugh told the jury. “That’s the defense’s argument this whole trial. … Mr. Tosie wasn’t following the rules of the road.”
Pugh stated that the Event Data Recorder clocked Tosie going at nearly 85 mph at 99% throttle. He explained that Tosie saw the white truck turning and sped up to navigate across the three lanes of travel. Because Tosie was going 40 mph over the speed limit while switching lanes, Tosie did not have control over a lane of travel.
“Multiple blunt trauma,” Pugh told the jury as he showed Randolph’s death certificate. “Mr. Meeks asked if (Dr. Stephen Kent) has seen the body? No. Was an autopsy required? No. Is he (Kent) confident that multiple blunt trauma injuries from a motor vehicle accident is the right diagnosis? Yes.”
Racing the train
“I want ya’ll to look to your left, towards the witness box,” Meeks told the jury. “I want you to imagine there’s a long railroad stretching back hundreds of feet. You can see a train on that track, and you can tell it’s moving fast and it’s moving toward you, and you want to get to the other side of that railroad track.
“I want you all to look at me,” Meeks instructed as he held his hand up to his face. “I want you to hold your left hand up to the side of your face so you can no longer see that witness box.”
The jurors mirrored his motions as Meeks continued, “I want you to ask yourselves, Would you cross over that railroad track not being able to see that train coming?” It was quiet for three seconds before Meeks clapped his hands together.
“If you waited half a second before you made a determination on that, you’re dead,” Meeks said. “Your hesitation is the end of you.”
This hesitation, Meeks explained, is the very same hesitation that Randolph had when she chose to pull out of the parking lot.
“It’s no pleasure of mine to get up here and say that (Randolph) contributed to her own death,” Meeks said. “I don’t like the drama and I do feel for Mrs. Randolph’s family. But what they are looking for here is not justice. What they want you to deliver for them is vengeance, and there’s a big difference.”
‘Admirable smoke and mirrors’
Assistant District Attorney Crystal Morgan responded to the defense with disbelief. “Wow. … The amount of smoke and mirrors the defendant’s asked you to believe as admirable.
“At the beginning of his (Meeks’) closing, the defense assumed that Mrs. Randolph could see the defendant,” Morgan pointed out. “Toward the end of his closing, he admits that she couldn’t see him at all. Which does he want you to believe?”
“If the defendant were going 45, the wreck would not have occurred,” Morgan said. “That’s been clearly established. That’s not a red herring, that’s a fact, supported by math.”
Sentencing on the reckless homicide conviction will be July 16.
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