Grand jury probes Magby Creek drowning

August 15, 2013 10:47:45 AM

Sarah Fowler - sfowler@cdispatch.com

 

A Columbus man could face charges in the drowning deaths of two of his children. 

 

The Columbus Police Department will present the case of Billy Wayne Brown to the grand jury in November, CPD Chief Selvain McQueen confirmed Wednesday.  

 

On May 18, Brown was driving an ATV across Magby Creek when the ATV overturned and his two sons were swept down river.  

 

The bodies of nine-year-old Justin Brown and six-year-old Jacob Brown were pulled from the Luxapalila River several days after they disappeared in the rushing water. 

 

The Dispatch previously reported Billy Brown was attempting to drive a six-passenger Polaris ATV across a spillway where Magby Creek intersects with the Luxapalila Creek when the swift current flipped the ATV, sending all six passengers into the water. Brown was the only adult on the off-road vehicle. Witnesses said people on shore rushed to grab the children but could not reach Justin or Jacob. 

 

Billy Brown initially agreed to a breathalyzer test at the scene, but later refused. Law enforcement officials obtained a warrant to test Brown's blood alcohol content and he was taken to Baptist Memorial Hospital-Golden Triangle where a test was administered. 

 

McQueen declined to comment on the results of the test. 

 

McQueen said Brown has not been arrested or charged, saying the CPD is waiting on the results of the grand jury proceedings.

Sarah Fowler covers crime, education and community related events for The Dispatch.