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04/03/2007Charges filed in fatal crash
Smith
Fox
BENZONIA A Benzie County man could face 15 years in prison for an alcohol-related car crash that killed his second cousin and injured two others. Benzie County Sheriff's officials allege Dennis Bradley Fox, 23, was driving four passengers home from Elberta's Cabbage Shed Waterfront Pub around 2:15 a.m. Sunday when he allegedly struck a utility pole and rolled a car on River Road near Adams Road in Crystal Lake Township. "I know that they had been partying for quite a while and they were heading home, Detective Tom Whale said. "It was heavy rain at the time of the accident. I think it was a combination of speed and alcohol. Three backseat passengers, including Fox's cousin, Nichole Lee Smith, 22, of Traverse City, weren't wearing seat belts and were thrown from the vehicle, Whale said. Smith was pronounced dead at the scene. Fox's twin brother, Daniel J. Fox, 23, of Interlochen and Kacie M. Bailey, 21, of Honor, were seriously injured and were taken to Munson Medical Center for treatment, Whale said. Daniel Fox was in fair condition and Bailey's condition was unknown Monday afternoon. Dennis Fox and a front-seat passenger, Shana N. Gunther, 21, of Homestead Township, were not seriously injured. "Dennis and Shana were in the front seat with their seat belts on, Whale said. Fox was charged Monday with one count of operating a vehicle while intoxicated causing death and two counts of operating a vehicle while intoxicated causing serious injury, Whale said. He could face up to 15 years in prison if convicted. Whale said he knew Smith and she frequently chatted with sheriff's officers when they came in to eat at a Benzonia McDonald's where she worked. "A bunch of us here knew Nichole, Whale said. "She was just a fun girl to be around, always cracking jokes. She just had a child a little over a year ago.
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