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PRESTONSBURG – Pink and white balloons filled the air Tuesday at Cliff Road in Prestonsburg, as friends of Destiny Brewer gathered at Dance Etc. to share their grief and memories of the 10-year-old who died of injuries following an automobile accident involving an impaired driver last week.

Brewer was a popular student at the dance studio, and her friends wrote messages to her that were attached to the balloons. A poem written by Jody Shepherd also took flight in memory of Brewer. The large crowd spent over an hour comforting each other and members of Brewer’s family, including her mother, both before and after the memorial event.

“None of us know what to do,” said Shepherd, owner of Dance Etc. “We miss her. It’s unfair and we are mad and angry. We wanted to come together and write messages to Destiny. We need to grieve and tell stories about her.”

According to police, Brewer was a passenger in a vehicle driven by her grandmother when a car driven by Ross Brandon Sluss collided with them in Martin County. Two other children were treated and released from the hospital. Blanche Robinson, Brewer’s grandmother, is currently in intensive care.

Police say that Sluss was under the influence of drugs at the time of the accident.

After the death of Destiny Brewer, Sluss was charged with murder. Sluss is currently being held on a $100,000 cash bond and is scheduled to be back in court for a preliminary hearing on July 6.


NEWS ... 7/7/10

Hearing for Sluss rescheduled

Accused DUI-murderer asks

for time to hire private attorney

BY GARY BALL

CITIZEN EDITOR

INEZ A Martin County man accused of murder in the DUI-related death of a 10-year-old last week appeared yesterday in Martin District Court for a preliminary hearing before District Judge John Kevin Holbrook.

In attendance were a large number of people wearing t-shirts with the logo "Destiny’s Hope" in memory of Destiny Brewer, who died June 28 in Cabell Huntington (W.Va.) Hospital from injuries sustained in a head-on collision June 25 on KY 40 near the Martin County Board of Education’s central office.

The Warfield Elementary fifth-grader was one of three children in a vehicle driven by her grandmother en route to her home in Lovely when a truck, driven by Ross Brandon Sluss, 25, reportedly hit them head-on on the wrong side of the road. Sluss was initially charged with DUI and four counts of first-degree wanton endangerment.

The charges were amended at a pre-trial hearing June 29 before Martin Circuit Court Judge Daniel R. Sparks to DUI, murder and three counts of first-degree assault. His bond was raised from $50,000 to $100,000 cash.

Destiny’s grandmother, Blanche Robinson, remains in stable condition in Cabell Huntington Hospital with severe head injuries and fractures to an arm and foot.

At yesterday’s preliminary hearing, Sluss showed up without an attorney and asked that Judge Holbrook give him time to hire a private attorney. At the hearing a week earlier, Judge Sparks asked Sluss if he had a job, any money or savings questions to determine if Sluss had the financial means to hire an attorney. Sparks then appointed a public defender to represent Sluss and asked Sluss to fill out an application for indigency the lack of ability to pay for legal counsel.

Sluss, through a public defender, told Judge Holbrook that he wanted to hire a private attorney Alvin Fletcher to represent him. The judge told Sluss that doing so meant he had to waive his right to a preliminary hearing held within 10 days of his being charged with these crimes.

County Attorney Kennis Maynard said officers who responded to the collision were on hand to testify and that the state was prepared. Judge Holbrook said he could schedule a preliminary hearing for today, but the question is whether Sluss would have an attorney at this time.

Judge Holbrook reset the hearing for Tuesday, July 13, at 10:30 a.m. and asked that Sluss also fill out an application for indigency in the event he was unable to hire a private attorney. He then ruled that Sluss remain incarcerated at the Big Sandy Regional Detention Center in Paintsville on his present bond.

Details of the collision reveal it took place shortly before 5:30 p.m. as Mrs. Robinson was en route to her home in Lovely from Inez with two of her grandchildren and another child. The four had just left the Martin County swimming pool when a maroon 2007 Ford F-150 pickup slammed into Robinson’s 2002 Mitsubishi Montero on KY 40 near the Martin County Board of Education’s central office.

The impact sent Robinson’s vehicle into the creek. Sluss’ pickup, which was traveling on the wrong side of the road, was crossways in the road blocking traffic.

According to a police report by Martin County Sheriff’s Deputy Dwayne Bowen, when he arrived he found Sluss sitting on a bank near the road. His eyes were "extremely bloodshot" and his speech slurred. Sluss reportedly told the officer he had dropped a cell phone and bent down to pick up and when he arose, it was too late and he struck the vehicle.

He was taken into custody and read his Miranda rights. He reportedly admitted "smoking weed around 9 a.m." that day. He was read implied consent for blood and urine and reportedly refused. He was given 30 minutes to contact an attorney and failed on two attempts. When advised officers were obtaining a warrant for a sample of his blood and urine, Sluss reportedly consented and was taken to the Martin County after-hours clinic.

In the meantime, emergency personel from Net Care Ambulance Service and the Inez Volunteer Fire Department arrived. The three children were removed from Robinson’s vehicle. Two of the children were transported by ambulance to a local hospital for minor injuries. Destiny was taken to Frank Horn Baseball Field and airlifted to Cabell Huntington Hospital with severe head trauma. IVFD personnel used the jaws of life to extricate Robinson from the vehicle. She, too, was airlifted to Cabell Huntington Hospital with head injuries.

A crew of accident reconstructionists visited the scene Monday morning and thoroughly inspected both vehicles.

A search of Sluss’ criminal records at the Martin County Circuit Court revealed at least six DUI charges (Dec. 2, 2001, July 1, 2002, July 20, 2002, Dec. 12, 2002, Jan. 4, 2005 and April 8, 2005), a wide and varied assortment of drug and alcohol-related offenses including possession of controlled substances and cultivating marijuana, along with other traffic-related offenses.

 

NEWS ... 7/7/10

SIDEBAR TO SLUSS STORY

Mother of child killed in

DUI crash wants changes in law

BY GARY BALL

CITIZEN EDITOR

INEZ April Brewer, the mother of 10-year-old Destiny Brewer who died June 29 from injuries sustained at the hands of a man charged with DUI, wants to see changes in the law changes that could help ensure that no mother has to experience what she experienced in the last two weeks the death of her only child and her mother hospitalized with serious head injuries.

Ms. Brewer was accompanied by many family members and friends at yesterday’s preliminary hearing held for the man accused in her daughter’s death 25-year-old Brandon Sluss, a man with a long criminal history including a number of DUI arrests and drug-related charges.

Outside the courtroom after the hearing, Brewer said over 1,000 people came to the visitations and funeral service held for Destiny. At Brewer’s home, a large crowd gathered to release 100 balloons, each with an attached photo of Destiny with the inscription "Killed by a DUI driver."

In addition, Destiny’s uncle, John Evans, of Nicholasville, is assisting her in starting "Destiny’s Hope Foundation," a non-profit organization to help bring awareness to the need for tougher DUI legislation. Sluss had been arrested for DUI at least six times, and yet, the most serious charge he faced in court was second-offense DUI.

"We are going to lobby in Frankfort for tougher DUI laws," said Evans. "Our voice will be heard loud and clear, and we want it named ‘Destiny’s Law.’"

Evans said a candlelight vigil will be held 8 p.m. Wednesday, July 28, at Warfield Elementary, where Destiny would have been a fifth-grader this upcoming school year.

"So far we have two Facebook pages Destiny’s Hope and Destiny’s Law and we’ve had resounding support with over 800 visits on one and over 900 on the other in less than a week," Evans continued.

Evans, the brother of Destiny’s grandmother, Blanche Robinson, who remains hospitalized with serious injures in the crash, said his sister remains in a lot of pain with head injuries and fractures to an arm and leg.

 

Sluss charged with DUI-related murder of child

BY GARY BALL

CITIZEN EDITOR

INEZ A Martin County man with a long criminal history, including a number of DUIs and drug-related offenses, appeared yesterday before Martin Circuit Court Judge Daniel R. Sparks in a pretrial hearing on charges of second-offense DUI and four counts of first-degree wanton endangerment in a crash Friday that sent four people to the hospital.

The charges against Ross Brandon Sluss, 25, of Inez, were amended on a motion by the commonwealth to murder and three counts of first-degree assault all felonies after the death of 10-year-old Destiny Brewer, a passenger in a vehicle hit by a truck driven by Sluss.

The collision took place shortly before 5:30 p.m. as Blanche Robinson was en route to her home in Lovely from Inez with two of her grandchildren and another child. The four had just left the Martin County swimming pool when a maroon 2007 Ford F-150 pickup slammed into Robinson’s 2002 Mitsubishi Montero on KY 40 near the Martin County Board of Education’s central office.

The impact sent Robinson’s vehicle into the creek. Sluss pickup, which was traveling on the wrong side of the road, was crossways in the road blocking traffic.

According to a police report by Martin County Sheriff’s Deputy Dwayne Bowen, when he arrived he found Sluss sitting on a bank near the road. His eyes were "extremely bloodshot" and his speech slurred. Sluss reportedly told the officer he had dropped a cell phone and bent down to pick up and when he arose, it was too late and he struck the vehicle.

He was taken into custody and read his Miranda rights. He reportedly admitted "smoking weed around 9 a.m." that day. He was read implied consent for blood and urine and reportedly refused. He was given 30 minutes to contact an attorney and failed on two attempts. When advised officers were obtaining a warrant for a sample of his blood and urine, Sluss reportedly consented and was taken to the Martin County after-hours clinic.

In the meantime, emergency personel from Net Care Ambulance Service and the Inez Volunteer Fire Department arrived. The three children were removed from Robinson’s vehicle. Two of the children were transported by ambulance to a local hospital for minor injuries. Destiny was taken to Frank Horn Baseball Field and airlifted to Cabell Huntington Hospital with severe head trauma. IVFD personnel used the jaws of life to extricate Robinson from the vehicle. She, too, was airlifted to Cabell Huntington Hospital with head injuries.

Robinson’s condition Friday was listed as critical and upgrade to serious but stable on Saturday. Destiny was listed in critical condition and passed away on Monday morning.

A search of Sluss’ criminal records at the Martin County Circuit Court revealed at least six DUI charges (Dec. 2, 2001, July 1, 2002, July 20, 2002, Dec. 12, 2002, Jan. 4, 2005 and April 8, 2005), a wide and varied assortment of drug and alcohol-related offenses including possession of controlled substances and cultivating marijuana, along with other traffic-related offenses.

In an arrest on Sept. 8, 2005 for public intoxication, Sluss threatened arresting officers from the Martin County Sheriff’s Department, screaming that "he knew people that would get him out of jail, and when he did ... officer would pay for all the times he (the officer) had bothered him," according to a police report. In the same report, Sluss threatened to kill anyone who "called in on him and got him in trouble ..."

On Nov. 11, 2003 he was sentenced to one year and received a three-year diversion (probation). It was revoked on Dec. 19, 2005. The one-year jail sentence was terminated July 20, 2006 after he was given credit for serving more than 90 days in jail and staying 63 days in an in-house drug rehabilitation center.

On Dec. 12, 2007 he was given an opportunity to participate in the Drug Court Program after facing six counts of use/possession of drug paraphernalia on charges filed by the Martin County Sheriff’s Department on March 27, 2007. He was kicked out the Drug Court Program on May 19, 2009.

At yesterday’s hearing, bond for Sluss was raised from $50,000 cash to $100,000 cash. Judge Sparks asked Sluss if he had a job. Sluss said he worked for Tri-State Mine Supply and earned roughly $1,500 a month. Sparks asked if he had any money or savings questions intended to determine if Sluss had the means financially to hire an attorney.

Sparks then appointed a public defender to represent Sluss. Before the next hearing, it will be determined if Sluss meets guidelines to qualify for a public defender. Judge Sparks also reminded Sluss of his right to remain silent.

Sluss was transported to the Big Sandy Regional Detention Center in Paintsville.

EDITORIAL ... 6/30/10

Murder charge justified

in DUI-related death of child

Scanning through Brandon Sluss’ record at the Martin County Circuit Clerk’s Office is like trying to read "War and Peace" or some other long novel.

How is it possible for a 25-year-old to rack so many charges and basically remain free? Reading through all the court dates and various motions is like trying to untangle a large ball of yarn. It appears that while Sluss awaited the court’s decision on previous charges, he would be arrested on new charges.

The question is, how did this man manage to stay out of jail?

How did he rack up so many DUIs and yet the most serious charge he ever faced was second-offense DUI?

Although it is pretty confusing, one thing is clear. He either didn’t respect or didn’t believe he had any reason to fear the judicial system.

People are calling Sluss another Joe Allen Evans.

Five years ago in Martin County, Evans was convicted and sentenced to 20 years in the DUI-related murder of his girlfriend, Amanda Dawn Maynard. Evans drove home from a party in Floyd County "pilled up" with Amanda lying in the backseat of her car. He slammed into a guardrail at the mouth of Middlefork, ejecting Maynard from the car, and drove to his house.

Evans, like Sluss, had a long criminal record and somehow managed, like Sluss, to play and beat the system by staying out of jail.

What’s sad is that it took the death of Ms. Maynard to end Evans’ criminal activities.

Now, a 10-year-old who was enjoying her summer break from school at Warfield Elementary is lying on a slab in a funeral home.

We hate to be this graphic, but what will it take to wake us up?

Three weeks ago, this writer arrived at the opening of the county swimming pool, asking for volunteers to pose for a photo. Destiny Brewer was all smiles and quickly volunteered. After the photo was taken, she took time to write her name and the name of her friend on a piece of paper so that her friends would know her. (I knew her mother and grandmother, but didn’t make the connection until the accident. I didn’t know she was April’s daughter.)

On Friday Sluss’ truck, traveling on the wrong side of the road, slammed into Destiny’s grandmother’s small SUV. Destiny died Monday at Cabell Huntington (W.Va.) from massive head trauma. Her grandmother, Blanche Robinson, remains in serious condition with head trauma. Two passengers, both children close to Destiny’s age, were treated for injuries at a local hospital and released.

Should Sluss faced murder for DUI-related death?

Yes.

Instead of bending over backward like it has in the past, the court system should throw the book at him ... no, strike that. The court should do its job. It’s obvious that someone with a lot of political pull has "coddled" this man far too long.

Our sympathy is not for him. There’s no reasonable argument anyone can give on the horrors of drug addiction and how these dope-heads "are not "criminals" but "suffer from a disease."

Our sympathy is for Destiny, whose life was cut far too short, and for her family. This innocent child paid the price for Sluss’ decision to get behind the wheel of a vehicle "pilled up." (Yes, we realize the report on his blood and urine sample isn’t back yet, but judging from his past performance, it’s a pretty safe bet that he was, indeed, "pilled up.")

We don’t want to hear arguments that he needs treatment that he’s remorseful for this death and wants another chance to be a productive member of society.

He’s had a lot of chances. Lock him up for 20 years and he’ll get treatment. Behind bars he won’t have an opportunity to kill another child.

Too harsh?

Ask Destiny’s family. At least Brandon’s family will get to see him from time to time during prison visitations.

The only visitations Destiny will receive are from family and friends at her gravesite.

Our court system and drug court program failed to protect this little girl.

How many other deaths at the hands of dopeheads is it going to take before we start taking a hard-line approach to these type offenders?

Lock them up and throw away the key.

It isn’t about revenge.

It’s about protecting the public especially our children.