Published On: Fri, Mar 11th, 2016
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Tomes indicted in fatal crash





Patrick Bradley Allison, 42, an EBCI tribal member and tribal employee, was killed as the result of a head-on collision that occurred on Birdtown Road (US-19) on the morning of April 14, 2015.  Now, almost a year later, Michael Dean Tomes, the driver of the vehicle that hit Allison’s vehicle, has been indicted on federal Involuntary Manslaughter charges.

The charge, a misdemeanor, carries a maximum sentence of eight years in prison, a $250,000 fine or both according to Department of Justice officials.  The indictment alleges that Tomes was “driving a vehicle upon a highway or public vehicular area carelessly and heedlessly in willful and wanton disregard of the rights or safety of others…”

Following the April 2015 wreck, Allison passed away while en route to Memorial Mission Hospital as he was being transported by Cherokee Tribal EMS.  Joshua Lee Ammons, 23, a passenger in Allison’s vehicle was taken by Cherokee Tribal EMS to Memorial Mission where he was treated and released and Tomes was taken by Swain County Ambulance to Memorial Mission where he also was treated and released.

An initial appearance for Tomes is scheduled for March 28 at 9:30am in Courtroom 2 at 100 Otis Street in Asheville before Magistrate Judge Dennis Howell.  Tomes is currently in federal custody in the Middle District Court of Georgia.

No other details have been released on this case.

The One Feather requested police reports on this incident from the Cherokee Indian Police Department who informed they cannot release anything at this time due to the federal nature of the case.  Department of Justice officials did not answer a request for these reports by press time.