Friday, April 18th 2014, 11:10 pm
Two teenagers face charges of destroying evidence and lying to law enforcement at the scene of an ATV crash that nearly killed an Oklahoma teenager.
The probable cause affidavit said the teenagers made up a story to protect one of their mothers, and to cover up what really happened the night Christian Mayberry's life was changed forever.
Exactly seven months after the crash, Christian learned how to take a drink on his own again. And as those milestones continue for him, so does the investigation into the accident that left him with a traumatic brain injury.
3/19/2014 Related Story: Green Country Teen Beating Odds After ATV Crash
Now, court documents give a better idea of what might have happened the night of September 1st.
The affidavit said Mayberry and 38-year-old Angela Gray, the mother of one of his friends, wrecked on a Sequoyah County road. Court documents show, after the crash Gray called her son, who wasn't far away, but didn't call 911.
According to the affidavit, someone called 911 within minutes of the wreck, then, hung up. Dispatchers called back twice, but no one answered. Finally, three hours later, close to midnight, the crash was reported to 911.
That night 18-year-old Kyle Brannon was taken to jail for public drunk.
The affidavit shows, Brannon told investigators, while Mayberry was lying bloodied and unresponsive on the side of the road, they cleaned the scene, throwing out beer and hiding an ice chest.
"The critical hour is the first hour. And his first hour and second hour and third hour, it was laying in a ditch, so they did not get him help when he needed help," said Kim Mayberry, Christian's mom, told us back in January
Court documents said Brannon told investigators they poured beer on Christian's face to try and wake him, and made sure they had their story straight before they called for help.
The affidavit said Gray initially led investigators to believe Mayberry was alone when he crashed.
"We know he would never be out there in the dark, out in the bottoms, where it's just kind of a spooky place anyway, by himself. Never," Kim said.
While court documents show Gray denied driving the ATV, she did admit to being a passenger, but said Mayberry jumped in the driver seat without permission.
According to the affidavit, a witness reported he heard Gray's son say, "You know my mom was driving it," and "Kyle and I will take the fall and say [Christian] was following us and wrecked."
The District Attorney said one juvenile has been arrested, while an arrest warrant has been issued for Brannon. The D.A. said the investigation is far from over.
Mayberry's mother said doctors tested her son's blood the night of the accident and say he had no alcohol in his system.
Mayberry spent nearly seven months in a Tulsa hospital, for much of that time he was unable to speak. Now, he is talking and even writing, though he still hasn't taken a step on his own.
His parents said his improvements are so remarkable; he was moved to Methodist Health & Rehab in Fort Smith, just 20 minutes away from his house in Muldrow.
A run, benefiting Christian and his family, will be held Saturday, April 26 at the Muldrow VFW Post #8384. Registration information for the Miracle for Mayberry 5K can be found the Pray for Mayberry Facebook page.
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