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 First trials of Mud Boggers held Wednesday web posted February 7, 2008 EDGEFIELD – Four of the five men charged after being caught on Grandpa Road earlier this month were to be in Magistrate Court Wednesday. The fifth driver’s court date is set for today. Of the four only three showed up for court and one, Tony Taylor requested a jury trial and was excused. Questions were raised concerning Donald Jason Rodgers, 31, of Saluda, for not showing up for court. Joseph Cato, 30, and Carlos Stevens, 31, asked to have their cases heard before Magistrate Brenda Carpenter and the trial went forward with both men pleading not guilty. After State Trooper Thompson and Sheriff’s Deputy Justin Trotter testified to what they observed, Trooper Thompson submitted the video and audio recording taken from the camera in his patrol car during the incident. Mr. Cato and Mr. Steven did not refute any of the evidence submitted by police. Mr. Stevens testified he was called to Grandpa Road by Mr. Taylor who said he was stuck and needed help being pulled from the mud. Mr. Stevens testified that he arrived on the scene a short time before police and turned on to Grandpa Road and was told not to proceed and backed his truck off the road and parked in a clearing just off Highway 23. “That’s about all I can say about what happened,” Mr. Stevens said adding that he never went down the road. Mr. Cato testified that he was not driving his truck because he had been drinking, however, he was a passenger in the truck and that they, the driver and himself, had been on the road since around 7 pm that day following behind Mr. Taylor. The officers arrived on the scene shortly before 11 pm. Mr. Cato said when Mr. Taylor became stuck they tried to pull him free and then drove to Johnston and returned to the scene with a come-along. Mr. Cato said the group of men just happened along Grandpa Road and were approached by another driver that was currently stuck on the road. They entered the road in an effort to free Duane Cox, 39, of North Augusta. It was then, Mr. Cato said, Mr. Taylor became stuck, “and everything when to crap from there.” Mr. Cato gave conflicting testimony in the trial and Judge Carpenter pointed out that she did not believe all of his story. In spite of Mr. Cato admitting he was in his truck during the several hours spent on the road, he was found not guilty due to the fact that there were no pictures of his truck and that no one saw him driving the truck. Judge Carpenter also said she believed Mr. Steven’s story and found him not guilty. Representing the county was Guy Mueller who informed the court that, in the future, the county would be seeking to recover the cost of repairing the roads after drivers are caught mud bogging. Judge Carpenter informed the men that emergency vehicles would not be able to use the road in the event someone was to be injured or if there was a fire on the lands surrounding Grandpa Road. “Do you know how serious this is,” she asked. She also informed Mr. Cato and Mr. Stevens that if there were a next time they would not be as fortunate. “It’s coming to a stop; it’s coming to a halt right now. The county is getting in on it,” Judge Carpenter said. “From this day forward there’s going to be tickets given on this nuisance ordinance.” Judge Carpenter found Donald Rodgers guilty on the charge of placing a foreign substance on the roadway in his absence. Judge Carpenter said she wanted to find some additional answers as to why Mr. Rodgers did not appear before ruling on the disorderly conduct charge. The video tape entered into evidence clearly showed Mr. Rodgers cursing and being unruly. Mr. Cox’s trial will be held today. ©
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