Office of the DeKalb County District Attorney

Stone Mountain Judicial Circuit

Sherry Boston, District Attorney


Friday, December 8, 2023

State v. Dwayne Weaver

Decatur, Ga.- DeKalb County District Attorney Sherry Boston announces a conviction by jury trial in the vehicular homicide case against a man accused of causing a chain reaction crash that resulted in the death of his passenger.    

Jurors returned a guilty verdict Thursday against Dwayne Edward Weaver, 58, on a charge of Homicide By Vehicle in the First Degree in the 2016 death of Forrest Kelly, 61. 

According to the investigation, Defendant Weaver was traveling eastbound on U.S. Highway 78 on August 12, 2016.  Kevin Graves was also driving eastbound and Defendant Weaver started tailgating him.  Graves attempted to change lanes and Defendant Weaver followed just behind him.  Graves moved into the far right lane and Defendant Weaver tried to pass Graves by driving on the shoulder of the highway.  As the cars approached the bridge for Silver Hill Road, the shoulder was no longer drivable because of supports for the bridge. 

Defendant Weaver quickly switched back into the right lane, hitting the back of Graves’ car.  Defendant Weaver lost control of his truck and traveled across all lanes of traffic.  He struck another car, ricocheted off the median wall, and went back all the way across the highway again, striking the right guardrail. 

Neither Defendant Weaver nor his passenger, Kelly, were wearing seatbelts at the time of the crash and both suffered injuries.  Kelly was transported to Grady Memorial Hospital where he died hours later. 

Graves drove away from the scene after Defendant Weaver hit him.  In December 2022, Graves pleaded guilty to Failing to Report an Accident and was sentenced to a year of probation, a $500 fine and a defensive driving course. 

DeKalb County Superior Court Judge Stacey Hydrick, who presided over the trial, will schedule a sentencing hearing for Defendant Weaver later this month. 

The case, assigned to the District Attorney’s Trial Division, was prosecuted by Senior Assistant District Attorney Sam d’Entremont with assistance from ADA Cody Long, DA Investigator Leslie Moses, and Victim Advocate Gaby Ziegenbien.  Former DeKalb County Police Department Detective Bryan L. Hawkins led the initial investigation.