Man convicted of fatal DWI crash gets new hearing

CATAWBA COUNTY, N.C. — A judge ordered a new sentencing hearing Friday for the man convicted of killing a 7-year-old boy.

John Brown has served less than half of his nearly 30-year prison term after being convicted of second-degree murder in the drunken driving case.

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Eyewitness News reporter Dave Faherty found out how the Catawba County judge's ruling could mean much less jail time for Brown.

Family members on both sides fought back tears after the judge announced his decision.

The child's family said the ruling means they will have to relive the incident from more than 10 years ago.

Angie Bass showed Channel 9 the last photo ever taken of her son, Zach.

In 2002, she was taking him to school when Brown crossed the center line, slammed into her car and killed her son.

Brown's blood alcohol level at the time was twice the legal limit.

"It's really hard to go through it all again," Bass said. "And I'm trying to process all the emotions and the feelings that are coming back to the surface."

During the original trial, the judge sentenced Brown to prison after finding aggravating factors.

But a change in the law after the trial now requires a jury to make that decision.

District attorney David Learner said his office will be ready.

"We're going to give him all the sentencing hearing he wants," Learner said. "We'll pick a jury. We'll put on the evidence and let them decide."

Brown's family declined Channel 9's request for an interview.

"John would just like to express he is deeply sorry for the pain he has caused to the victim's family and his one family," Brown's defense attorney Lauren Miller said.

Bass believes if he was truly sorry he would serve his time.

"Sunday would have been Mother's Day," Bass said. "A little rough in the timing."

The district attorney said because of the amount of evidence, the sentencing hearing will take some time.