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"For I know the plans I have for you, declares the Lord,
plans for wholeness and not for evil, to give you a future and a hope."
JEREMIAH 29:11
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| Dunagan won't get
new trial
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09/01/06 Email this story to a friend Aaron Matthew Dunagan won't get a new trial, Floyd County Superior Court Judge J. Bryant Durham ruled today. Dunagan was sentenced to 10 years in prison for his role in a 2004 wreck at Ga. 53 that put Candice Bendek in a coma. He had sought a new trial based on what his defense called a lack of evidence and reports that two witnesses were never contacted by police. Durham rejected those arguments. |
| Witness: Quoted
‘out of context’
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| Don McDonald
said he didn’t offer his version of the wreck involving Aaron Matthew
Dunagan.
08/30/06 A key defense witness said Tuesday he was quoted “out of context” in his sworn affidavit used by defense attorney Steve Lanier in seeking a new trial for Aaron Matthew Dunagan. Don McDonald testified he did not directly offer his account of the 2004 wreck to officer James Hinkley, as stated in court documents. “That is not exactly what I said,” McDonald told Assistant District Attorney Steve Cox. “I did not point-blank say, ‘Do you need my statement?’ I said ‘Do you need me for anything?’ He said he had things under control.” McDonald came forward after Dunagan was sentenced to 10 years in prison after being convicted of reckless driving, serious injury by reckless driving and failure to obey a traffic control device. Jurors found him not guilty of driving under the influence and a related charge. The wreck left Candice Bendek in a coma. McDonald on several occasions defended Hinkley’s actions, saying the officer was busy handling a “chaotic” scene in the moments after the wreck. The testimony contradicts sworn court documents produced by The Lanier Firm stating Hinkley refused to take McDonald’s information. McDonald said he never told Hinkley he witnessed the accident. McDonald’s credibility was called into question during the hearing. At one point Cox suggested that financial incentives might be a reason for his testimony, stating that McDonald filed personal bankruptcy recently. Later witnesses, Brian and Joseph Bendek, the husband and father-in-law of Candace, testified McDonald contacted the Bendek family after the wreck. Brian Bendek said a few weeks after the wreck he was introduced to McDonald, who intimated the wreck was Candace’s fault but that he would not go to the authorities because “he (Dunagan) deserves everything he gets. He ran through the red light.” McDonald’s family also has had dealings with the Bendeks. Don’s father and brother Billy and John McDonald were subcontractors for Joseph Bendek. According to his testimony, Joseph Bendek hired a second contractor to finish unsatisfactory work done by the McDonalds. Joseph Bendek described their relationship as “contentious” at times. Floyd County Superior Court Judge J. Bryant Durham said he will likely decide by the end of the week if he will grant a new trial. During Tuesday’s five-hour proceedings, Lanier presented evidence from the first trial as well as new witness testimony in support of his request for a new trial. Durham dismissed all but one of Lanier’s 34 motions. Then the judge took issue with Lanier’s newly discovered evidence motion. “There is a distinct difference between newly discovered and newly available,” said Durham. “If the defendant was present at the scene, it is not newly discovered.” He noted that McDonald and another witness Edna Janice Turner have said in affidavits that Bendek was at fault. Since other witnesses raised that issue at the trial, more corroborating witnesses do not constitute new evidence, Durham said. The second major issue raised by the defense in hopes of spurring a new trial revolves around how dangerous the intersection is where the wreck occurred. Lanier contends the court erred in not allowing the defense to reopen its case to admit Department of Transportation records referencing accidents and faulty design of that intersection at Ga. 53 and Burlington Road. Cox said in his closing statement in the 2005 trial that “the intersection is not to blame.” Durham had previously ruled not to allow DOT records into the trial. Lanier read from records and interpreted them to mean the combination of the “critical sight distance,” speed of traffic and large bushes (that have now been significantly trimmed) at the intersection had made it “the most dangerous in the county.” The records read that 85 percent of people going through the intersection are going 68 mph. The intersection was improved in 2002 and since then, according to Lanier, there have been no accidents. Durham said after the hearing that he will rule once all matters of evidence have been finalized and he expects to decide by the end of this week. |
| Driver to serve 10 years | |
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Aaron Matthew Dunagan is found guilty of reckless driving in the crash that injured Candice Bendek. 05/26/06 |
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Click here for blog Convicted of reckless driving — but not driving under the influence — Aaron Matthew Dunagan of Armuchee was sentenced on Thursday to serve 10 years in prison for seriously injuring Candice Wilson Bendek in 2004. A jury of six men and six women found Dunagan, 26, guilty of reckless driving, serious injury by vehicle due to reckless driving and failure to obey a traffic control device. He was acquitted of driving under the influence and serious injury by vehicle due to driving under the influence. The charges stemmed from a Feb. 17, 2004, wreck at the intersection of Ga. 53 and Burlington Drive that left Bendek, now 23, in a coma for months and caused her to lose her unborn child. After hearing evidence in the case for more than a week, jurors ultimately decided Dunagan caused the accident by running a red light but not because of the alcohol in his system. Floyd County Superior Court Judge J. Bryant Durham Jr. sentenced Dunagan to the maximum 15 years on the injury by vehicle charge, ordering him to serve 10 behind bars. The prison sentence will be followed by seven years probation, and restitution will also be ordered as soon as a dollar amount can be determined. Durham told Dunagan on Thursday that in deciding a punishment, he took into account both the fact that the defendant had admitted to having some alcohol in his system when he collided with Bendek and two previous DUI convictions. “Mr. Dunagan, I hope that you will never take another drink and drive,” the judge said, explaining he wanted the sentence to serve as rehabilitation and punishment for Dunagan as well as protection for the community at large. But defense attorney Steve Lanier noted that ultimately, his client was found not guilty on both DUI charges. “For the past two and a half years, Matt has been accused of being a drunk driver,” he said. “And this case clearly shows that he wasn’t.” Lanier said he plans to appeal Dunagan’s convictions, claiming that Durham incorrectly barred evidence from the case regarding the number of accidents and fatalities at the intersection where his client’s wreck occurred. “We will get this reversed,” he said. In the meantime, said Dunagan’s father, Alan Dunagan, “the days ahead are going to be hard. But we will hold our heads up high and get through it.” According to Alan Dunagan, his son “would take Candice’s pain” if possible — a message the defendant himself delivered to Candice’s family in the courtroom just before his sentencing. “I wish I could take half the pain from you,” he said. “I wish I could take it in my body and carry it, but I can’t.” Bendek’s family said they harbor no ill will toward Dunagan. However, said her father, James Wilson, “Candice got life. He got 15 years. He can still get married and have children.” The verdict meant relief and closure more than a victory, according to Wilson. “We’re not really happy as far as a win goes,” he said, explaining that no one in this situation won.
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| Dunagan to face
10 years in prison in Bendek wreck case
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05/25/06 Email this story to a friend Aaron Matthew Dunagan will face 10 years in prison, plus seven years of probation, after a jury found him guilty today on three out of five charges related to the 2004 vehicle wreck that left Candice Wilson Bendek in a coma. The Floyd County jury, which began deliberating on Wednesday, ruled today that Dunagan was guilty of reckless driving, serious injury by vehicle due to reckless driving and failure to obey a traffic control device. Jurors found him innocent of driving under the influence and serious injury by vehicle due to DUI. The wreck in question happened on Feb. 17, 2004, when Dunagan’s and Bendek’s vehicles collided at the intersection of Ga. 53 and Burlington Road. Dunagan’s trial began May 15. For more on this story, please read Friday’s Rome News-Tribune. |
| Jury still
reviewing evidence
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| Deliberations
resume today in the trial of the man accused of driving into Candice
Bendek.
05/25/06 After three and a half hours of deliberation Wednesday afternoon, the 12 jurors charged with deciding the case of Aaron Matthew Dunagan told Floyd County Superior Court Judge J. Bryant Durham Jr. they were not close to a verdict and needed a break for the night. The panel will reconvene at 9 a.m. today to continue deliberating whether Dunagan, who has been on trial in Superior Court since May 15, is guilty of two counts of serious injury by vehicle, one count of driving under the influence, one count of reckless driving and one count of failure to obey a traffic control device. The charges stem from a collision at the intersection of Ga. 53 and Burlington Road on Feb. 17, 2004, that left Candice Wilson Bendek of Rome in a coma. Jurors must decide whether Dunagan caused the wreck by running a red light and letting his judgment become impaired by alcohol. In his closing argument Wednesday, defense attorney Steve Lanier told jurors the wreck “truly could not have been avoided” because of Bendek’s misjudgment and a lack of visibility at the intersection. But Assistant District Attorney Steve Cox maintained it was Dunagan who exercised bad judgment. “We had a wreck — not an accident,” he said. “Everything (Dunagan) did was a conscious choice without regard for safety.” As they considered the evidence Wednesday, jurors asked Durham a number of questions. Just after 4 p.m., they passed a note to the judge asking for transcripts of previous hearings in the case and for copies of police reports. That information was not entered as evidence in the case and cannot be sent out to the jury room, Durham told the panel. The third and fourth questions involved requests for the exact wording of Georgia law in regard to reckless driving and driving through intersections, which the judge read aloud. Then, when the jury was about to leave at 6 p.m., a final note was presented asking to re-watch a video of Dunagan taking a sobriety test. Durham said it will be ready when court resumes this morning. |
| No decision yet
in Dunagan case
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05/24/06 Lauren Gregory, Staff writer Respond to this story Email this story to a friend The jury in Aaron Matthew Dunagan’s reckless driving trial has retired for the day without reaching a verdict. Jurors deliberated for three and a half hours before recessing at 6 p.m. and will return in the morning. Dunagan has been on trial since last Monday to face two counts serious injury by vehicle, one count driving under the influence, one count reckless driving and one count failure to obey a traffic control device. The charges stem from a wreck at the intersection of Ga. 53 and Burlington Road on Feb. 17, 2004 that left Candice Wilson Bendek of Rome in a coma. Jurors are being asked to decide if Dunagan caused the wreck by running a red light and letting his judgment become impaired by alcohol. In his closing argument this morning, defense attorney Steve Lanier told the jury the wreck “truly could not have been avoided” because of Bendek’s misjudgment and a lack of visibility at the intersection. But Assistant District Attorney Steve Cox maintained it was Dunagan who exercised bad judgment. “We had a wreck — not an accident,” he said. “Everything (the defendant) did was a conscious choice without regard for safety.” See Thursday’s Rome News-Tribune for complete story. |
| Prosecution
rebuttal, closing arguments set for today
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| Some evidence
inadmissible in the trial of the man charged in the wreck that injured
Candice Bendek.
05/24/06 Jurors in Floyd County Superior Court are expected to begin deliberations today in the trial of Aaron Matthew Dunagan, the 26-year-old Armuchee man charged in a 2004 wreck that injured Candice Wilson Bendek. Dunagan has been on trial since last Monday, facing two counts of serious injury by vehicle, one count of failure to obey a traffic control device, one count of driving under the influence and one count of reckless driving. The charges stem from a Feb. 17, 2004, wreck at the intersection of Ga. 53 and Burlington Road that left Bendek in a coma for months. Prosecutors said Dunagan — who had been drinking that day — caused the accident by running a red light. Dunagan’s attorney, Steve Lanier, asserted it was a dangerous intersection in the first place, and Dunagan could not have prevented the tragedy. He called civil engineer Elvin Aycock to the witness stand Tuesday to reconstruct the physics of the collision. Aycock’s testimony absorbed the entire day’s proceedings, as the methods he had used to create a computerized simulation of the wreck incited constant controversy. After examining several issues outside the presence of jurors — including a discrepancy between the pavement width in the video and the width of the actual intersection, as well as the “arbitrary” addition of yellow traffic lights and brake lights in the video — Floyd County Superior Court Judge J. Bryant Durham Jr. ruled certain portions of the simulation inadmissible. According to Aycock’s analysis, neither Bendek nor Dunagan would have been able to see each other in time to brake. But Assistant District Attorney Steve Cox called the basis of that analysis into question, asserting that perhaps the source of his information could have mischaracterized certain events for personal benefit. The defense rested its case at the conclusion of Aycock’s testimony. Durham indicated prosecutors may decide to present rebuttal evidence this morning when proceedings resume at 10 a.m. Closing arguments will come next, followed by instruction on the law for jurors before deliberations can begin. |
| Defense runs into
possible roadblock in Dunagan case
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05/23/06 Lauren Gregory, Staff writer Respond to this story Email this story to a friend Floyd County Superior Court Judge Bryant Durham indicated this morning that defense witness Elvin Aycock may not be allowed to continue testifying in the reckless driving trial of Aaron Matthew Dunagan. Aycock, a civil engineer called to the stand to reconstruct the February 2004 collision between Dunagan and Candice Wilson Bendek, showed jurors a computerized simulation of how he believes the accident at Ga. 53 and Burlington Road occurred. But a discrepancy in the distance of the road’s actual shoulder and the distance depicted in the simulation caused Durham to send jurors out of the courtroom and question Aycock sternly. The judge then announced a lunch break, indicating he needed time to make a decision about the validity of Aycock’s testimony. Proceedings are scheduled to resume at 1:30 p.m. Dunagan has been on trial in Superior Court since last Monday, charged with two counts serious injury by vehicle, one count reckless driving, one count failure to obey a traffic control device and one count driving under the influence. The charges stem from his involvement in the wreck, which left Bendek in a coma for months in 2004. |
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| Defense expects
to wrap up case in Dunagan trial today
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05/22/06 Lauren Gregory, Staff writer Email this story to a friend Attorney Steve Lanier expects to wrap up his defense case today for alleged reckless driver Aaron Matthew Dunagan, the Armuchee man the Floyd County District Attorney’s Office says put Candice Wilson Bendek of Rome in a coma in February 2004. Dunagan has been on trial since last Monday to face five charges: two counts serious injury by vehicle, one count failure to obey a traffic control device, one count driving under the influence and one count reckless driving. According to Assistant D.A. Steve Cox, who is prosecuting the case, Dunagan had been drinking on Feb. 17, 2004 before he ran a red light at the intersection of Ga. 53 and Burlington Road, colliding with Bendek. Lanier maintains the accident was caused by circumstances outside Dunagan’s control. This morning’s testimony included the accounts of two of Dunagan’s coworkers, one who said he put a 12-pack of beer into Dunagan’s work truck the night before the wreck and the other testifying that he saw Dunagan drink one beer — but no more than that — on the afternoon of Feb. 17. The defense will continue calling witnesses this afternoon as proceedings continue. For more on this story, check for updates at www.romenews-tribune.com and see Tuesday’s edition of the Rome News-Tribune. |
| Defense begins in
Bendek case
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05/20/06 By Lauren Gregory, Rome News-Tribune Staff Writer Respond to this story Email this story to a friend
Dunagan, 26, has been on trial since Monday, facing two counts of serious injury by vehicle, one count of failure to obey a traffic control device, one count of driving under the influence and one count of reckless driving in relation to the February 2004 wreck that left Candice Wilson Bendek of Rome in a coma for months. Prosecutors allege Dunagan had been drinking and was driving at an unsafe speed when he ran a red light on the evening of Feb. 17, 2004. His Ford F-350 truck struck Bendek’s GMC Envoy, police reported. Floyd Superior Court Judge J. Bryant Durham Jr. ordered before Dunagan’s trial began that no percentages or numbers related to blood alcohol content would be admissible as evidence during trial. Prosecution witnesses have indicated Dunagan’s test detected the presence of alcohol in his system and have introduced two DUI convictions on his record. But when a Georgia State Patrol officer mentioned the word “number” during a discussion about evaluating Dunagan’s sobriety Friday morning, defense attorney Steve Lanier immediately moved for a mistrial. Durham denied the motion, noting the word had already been used during testimony Thursday. “This is no different than anything that’s been said already,” he responded. The judge also later denied a defense motion asking that he immediately declare a verdict in Dunagan’s favor, for which Lanier had petitioned based on lack of evidence to convict. A disappointed Lanier said after proceedings concluded that he would “defer to the court’s ruling” but that the matter might “become an issue on appeal.” Lanier maintains his client is not guilty of DUI or reckless driving. After prosecutor Steve Cox rested his case Friday afternoon, the defense called two witnesses to the stand in an effort to prove Dunagan could not have been drinking the day of the accident and that he has an eye condition that would have caused him to fail a sobriety test whether he had been drinking or not. Bendek herself also made an appearance Friday. She was wheeled into the courtroom by her husband, Bryan Bendek, for a brief introduction to the jury before being wheeled back out again. She did not testify — she cannot articulate sentences, according to her husband — nor did she stay to watch trial. “We were satisfied with the jury being able to see her,” Cox explained in an interview after proceedings concluded for the day. Dunagan’s trial will resume at 9 a.m. Monday, when Lanier expects to call several expert witnesses, including an accident reconstruction expert from Atlanta and a field sobriety test expert from Fort Lauderdale, Fla., before closing his case. |
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| Defense calls
witnesses as Dunagan case continues
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05/19/06 Email this story to a friend The defense for Aaron Matthew Dunagan began calling witnesses shortly before 3 p.m. today, beginning a case attorney Steve Lanier said should conclude on Monday. Dunagan is on trial to face two counts serious injury by vehicle, one count failure to disobey a traffic-control device, one count driving under the influence and one count reckless driving. Prosecutors contend he had been drinking before running a red light at the intersection of Ga. 53 and Burlington Drive on February 17, 2004, colliding with Bendek’s SUV. Lanier called two witnesses to the stand today before proceedings concluded: a man who swore Dunagan had not been drinking on the day he is charged with driving under the influence and an optometrist who testified Dunagan has a rare eye condition that would have prevented him from passing a field sobriety test. The trial will resume at 9 a.m. on Monday. For more on this story, see Saturday’s edition of the Rome News-Tribune. |
| Motion for
dismissal denied in Bendek case
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05/19/06 Lauren Gregory, Staff writer Email this story to a friend Defense attorney Steve Lanier moved unsuccessfully for a mistrial this morning in the case of Aaron Matthew Dunagan, the Armuchee man charged with putting Candice Wilson Bendek of Rome into a coma in February 2004. Dunagan is on trial this week facing five charges: two counts serious injury by vehicle, one count failure to disobey a traffic-control device, one count driving under the influence and one count reckless driving. Prosecutors contend he had been drinking before running a red light at the intersection of Ga. 53 and Burlington Drive on Feb. 17, 2004, crashing into the side of Bendek’s SUV. Lanier’s motion for mistrial was based on the fact that testimony as well as a videotape shown this morning mentioned the word “number” surrounding Dunagan’s DUI arrest. Floyd County Superior Court Judge J. Bryant Durham Jr. had previously ruled that no reference to specific blood alcohol content could be admitted into evidence during trial. Durham denied the motion, ruling the word “has already been used and mentioned in this trial … This is no different than anything that’s been said already.” Prosecutors expect to call their last witness this morning, paving the way for the defense to take up its case this afternoon. For more on this story, watch www.romenews-tribune.com and see Saturday’s edition of the Rome News-Tribune. |
| Dunagan defense
witnesses expected
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| He is charged
in the wreck that seriously injured Candice Bendek.
05/19/06
Prosecutors contend Dunagan had been drinking Feb. 17, 2004, the day he allegedly ran a red light at the intersection of Ga. 53 and Burlington Road, “T-boning” Bendek’s GMC Envoy with his Ford F-350. Dunagan is charged with two counts of serious injury by vehicle and one count of failure to obey a traffic device, all felonies, along with the misdemeanor offenses of driving under the influence and reckless driving. Since his trial began earlier this week, Assistant District Attorney Steve Cox has called to the stand a number of witnesses and first responders at the accident scene to describe events as they unfolded. According to defense attorney Steve Lanier, the defense will ultimately prove that circumstances surrounding the accident were “tragic” but do not implicate Dunagan. “He’s not guilty of reckless driving or DUI,” Lanier said. “The evidence speaks for itself.” Melissa Dunagan, the defendant’s mother, agreed. “We’re glad that this is finally going to trial and the truth is coming out,” she said. Bendek’s relatives were also relieved “to finally have some closure,” according to her husband, Bryan Bendek, who also said the family feels no resentment or ill will toward Dunagan. “We feel for his family, we feel for our family,” explained James H. Wilson, Candice Bendek’s father. “We just want justice. Nothing’s going to make Candice better. We just have to live with it.” Proceedings in Dunagan’s trial are scheduled to resume at 9 a.m. today. Candice Bendek, left impaired by the accident, is expected to make an appearance in the courtroom — as a spectator only — this afternoon. |
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| Prosecution to
call last witness in Bendek case Friday
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05/18/06 Staff reports Email this story to a friend The prosecution plans to call its last witness Friday in the trial of Aaron Matthew Dunagan, accused of injuring Candice Wilson Bendek in a two-car wreck in February 2004. Jury selection in the case began Monday. Dunagan faces several charges in relation to the wreck on Ga. 53 at Burlington Road, which left Bendek in a coma. For more on this story, watch www.romenews-tribune.com and see Friday's edition of the Rome News-Tribune. |
Breaking News
| Bendek trial has
begun
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| A serious traffic
accident resulted in a coma for the Rome woman
05/16/06 Opening arguments are expected to begin in Floyd County Superior Court today in the trial of Aaron Matthew Dunagan, the man accused of injuring Candice Wilson Bendek in a wreck in February 2004. Jury selection in the case began Monday and is expected to wrap up sometime today. Dunagan faces several charges in relation to the wreck on Ga. 53 at Burlington Road, which left Bendek in a coma. |
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At Two-Year Anniversary Woman still recovering from Brain Injury.
By Sonya Elkins
Rome News-Tribune Staff Writer
SElkins@RN-T.com / 706-290-5278
Bryan and Candice Bendek are approaching an anniversary- on Feb. 17, it will be two years since the fateful accident that claimed the life of their unborn child and left their community praying for Candice's life.
Time has not healed all wounds. Although he is grateful that his wife is alive and improving daily, Candice is approaching another milestone.
With brain injury patients, doctors usually say that two to three years after the accident, the level of functioning is pretty much what you get, Bryan said. He is quick to add that doctors emphasize that every case and brain injury is different. But the odds are intimidating.
"I'm happy that she's alive, and I'm happy that she's as far as she is, but I'm severely depressed that she's not back to who she was or know if she'll ever get back," he said. "It's very upsetting because you feel like you have no control over it."
Candice's accident occurred on Feb. 17, 2004 when she was hit by a suspected drunk driver on her way home from babysitting. She was 10 weeks pregnant with the couple's first child. They were still newlyweds, married the previous August.
The wreck claimed the life of their unborn child and put Candice's in mortal danger. She was in a coma for 63 days, before she began to show signs of waking and spent a total hospital stay of 151 days, Bryan said.
So where is Candice now? It's a question that Bryan frequently encounters from concerned citizens, many of whom don't even know Candice personally, but still remember the "Pray for Candice" stickers and billboards that brought his wife's desperate plight into the prayers and thoughts of the entire community.
Bryan refers to a scale used by rehabilitation teams, called the Rancho Los Amigos Scale, to explain her condition. The scale measures the cognitive functioning of coma patients.
When she initially came to the hospital she was a one, indicating no response to stimuli. Candice was in a total coma with closed eyes and no movement, Bryan said. When she came home and began outpatient therapy at Floyd Medical Center, Candice was a five to six. That is where she still is today, Bryan said.
A five is confused-inappropriate, non-agitated. Characteristics of this stage include an ability to respond to simple commands, high distractibility and memory impairment. A six is confused-appropriate meaning that the patient shows goal-directed behavior but relies on cues for direction.
The scale goes up to an eight, and patients may progress through all of the levels, while other will progress to a certain level and plateau, according to the Rancho Los Amigos National Rehabilitation Center, which developed the scale.
Candice continues to receive occupational and physical therapy at Floyd, Bryan said. Her speech therapy is temporarily on hold, because she refuses to eat through her mouth. She still receives her nutrition from a feeding tube.
"It's like watching a tree grow," Bryan said. "It took her so long to get where she could sit on the edge of her bed, but hey she's doing it."
While she isn't speaking, Candice has realized that she tell others she wants something by yelling- a form of communication that they hope will one day turn into words, Bryan said. When she first came out of her coma she couldn't even move, now she can almost go from laying down to sitting up without assistance, however it is a slow frustrating process for her.
The couple moved in with Bryan's parents, because he had to quit his regular job to keep up with the level of care that Candice needs. The cost of her medical care also puts a financial strain on the couple. While he is grateful for his parents' assistance, it's hard to be 26, married and back at home, especially when he looks back on the life they were beginning.
"Before this accident I had a good steady-paying job and she had a good steady-paying job," Bryan said. "We bought a brand-new house, had two cars and she was pregnant. Our life was pretty well mapped out and everything was going well."
Now when he looks into their future, there are a lot of question marks. However, he continues to turn to his beliefs for comfort.
"I have a lot of faith in God and hopefully we will see a victory in this," he said.
Bryan is helping to plan a service including a meet-and-greet with Candice for the community around late February or early March. They want the many community members who have kept her in their prayers to have an opportunity to meet Candice.
Final plans have not been set but check www.prayforcandice.com for the final place and time, and continued updates on Candice.
7/10/05 update
Work under contract for deadly intersection
Also, bids are being accepted for the widening of U.S. 27 from Fifth Avenue to John Davenport.
07/10/05
By Diane Wagner, Rome News-Tribune Staff Writer
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Safety improvements at a deadly intersection near Shannon are expected to be under way by Aug. 1, state road officials said.
The Ga. 53 and Burlington Road project is under contract with a completion date of Nov. 30, said Gary Reed, area engineer for the Georgia Department of Transportation’s Rome office.
Plans call for reconstructing the Ga. 53 median crossover and adding right-turn lanes on the highway. An upgraded traffic signal also is part of the nearly $750,000 project, according to Mohamed Arafa, GDOT district communications officer.
The improvements were originally scheduled for 2006, but state Rep. Paul Smith, D-Rome, pushed for fast-tracking last year following two fatal wrecks within a four-month period.
A Calhoun man was killed at the intersection in November 2003. A collision in February 2004 put a Rome woman in a coma and killed her unborn child.
Bryan Bendek, the husband of the injured woman, said Friday he is pleased the project was moved ahead on the state’s construction list.
“Even though Candice had to suffer, others may be saved,” he said.
Candice Bendek is recovering slowly at home with the help of her family. Bryan Bendek said she still can’t talk, eat or walk on her own, but she laughs occasionally, communicates via sign language and is taking speech-therapy classes at Floyd Medical Center to retrain her throat muscles.
“The doctors said it would be three to five years of recovery, so it’s a day-by-day thing for both of us,” he said. “I’d like for her to be fully functional now, but I thank God she’s alive.”
The driver cited in the Feb. 17, 2004, wreck, Aaron Matthew Dunagan of Armuchee, is facing charges of feticide by vehicle, causing serious injury by vehicle, driving under the influence and failure to obey a traffic-control device.
Floyd County District Attorney Leigh Patterson said Dunagan is completing a sentence at the Floyd County Jail connected with earlier charges of drug possession, simple battery and DUI. His release date is April 26, 2006.
“The charges against him involving Candice Bendek are still pending,” she said. “We are ready to go forward at the appropriate time.”
CANDICE MAKES HEADLINES IN 2004
Pastors, police, Candice make headlines in 2004
01/02/05
Candice Wilson Bendek: Recovering from tragedy
It wasn’t until April 22, 2004, that a comatose 21-year-old Candice Wilson Bendek, who had been lying in bed at Floyd Medical Center for two months, began to show signs the community’s prayers for her were being answered.
Candice, who fell into a coma and lost her unborn child as a result of a February car wreck, was declared to be in a semi-coma by April.
All the while, community members had been garnering support — financially, emotionally and spiritually — for Candice and her family. They sported “Pray for Candice” bumper stickers on their cars, erected “Pray for Candice” billboards and held concerts and bike rides to raise money for her treatment.
Therapy at Emory University Hospital helped bring about continued progress. Although Candice still can’t walk or talk on her own, said her husband Bryan Bendek, each day she gets closer and closer.
Candice was discharged from Emory in time for Thanksgiving.
As the first anniversary of her accident approaches, she and her family anticipate a wonderful new year.
MERRY CHRISTMAS!!!!
The Bendek and Stubblefield families celebrate having their loved ones home from the hospital.
12/25/04
By Sonya Elkins, Rome News-Tribune Staff Writer
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Eight-year-old Molly Stubblefield (center) sits with her grandmother Scottie Bates (from left), mother Jenny, brother Ryan and father Skip on Friday. Ryan Smith / Rome News-Tribune
The families of Candice Bendek and Molly Stubblefield have shared a special bond in their struggles first for their lives and now for their recovery.
Now both families are celebrating the Christmas gift that they have all been praying for — both are home for the holidays.
Bryan Bendek, Candice’s husband, met Molly Stubblefield’s family for the first time earlier this year when he left his wife’s side at Emory Hospital to pray over the critically ill 8-year-old.
He understands how the family feels.
“My present is Candice,” Bendek said. “Christmas is a family time. It’s nothing but family and friends celebrating God. If she wasn’t here it would have a different feeling.”
Molly and Candice’s connection began almost a year ago after the Feb. 17 car accident that left Candice fighting for her life and in a coma and claimed the life of her unborn child. The then 7-year-old Molly took a particular concern in Candice’s struggle.
“Molly was fascinated for some reason,” sCandice Bendek celebrates the holidays with her husband Bryan. / Contributed photo
aid her mother, Jenny Stubblefield. “She would draw her pictures and send her cards. She’s just a caring little soul that honestly latched on.”
However, in September Molly began her own struggle. Doctors had been giving her steroids to treat lesions on her internal organs — including her brain — for more than a year when a brain biopsy revealed that she no longer seemed to be responding to the treatments.
Molly was taken to intensive care at Egleston Children’s Hospital in Atlanta next door to Emory, where Candice had been moved to undergo rehab.
Bryan Bendek came to Egleston and met Molly’s parents for the first time as they were awaiting a critical procedure and asked to pray over their daughter.
“When we thought we were losing Molly, I went out to the waiting room because someone was there to visit,” said her father, Skip Stubblefield. “It was overwhelming. We were pretty much in dire straits, preparing for the worst and figuring out how to prepare her 9-year-old brother.”
The initial meeting was the beginning of a relationship between Bryan Bendek and the Stubblefield family. They have kept in contact and supported each other through their trials.
“It’s just really strange how the timing and connection worked,” said Jenny Stubblefield. “Everybody’s got a hero, and here Molly was fascinated with Candice, and she probably has her strongest hero in Candice. I can’t wait until both of them are well enough that they can see each other.”
Continuing that strange timing, both Candice and Molly beat recent bouts of pneumonia to return to their homes barely in time for Christmas. Molly came home on Thursday, and Candice returned on Christmas Eve.
While Candice was able to spend Thanksgiving at her home, this is Molly’s first holiday at home with her family since her hospitalization. After spending Halloween, Thanksgiving and her birthday at the hospital, the family is overjoyed to have Molly at home despite the daunting regimen of care and medicine that the family must now learn to administer, said her grandmother Scottie Bates.
Molly will be able to stay at home for an undetermined amount of time based on her progress. Doctors hope that being home will help her strengthen psychologically and emotionally to continue her rehab once she returns to the hospital.
“We’re thrilled to death to have her home for a while,” Bates said. “It’s a wonderful, wonderful Christmas present for all of us.”
TO MAKE YOUR OWN HOLIDAY GIFT
Trust funds have been set up to offset medical expenses for both the Bendek and Stubblefield families. Donations can be made to:
Candice Wilson Bendek Trust Fund at Heritage First Bank
Molly Stubblefield Fund at any branch of United Community Bank
The families have also set up Web sites tracking Molly and Candice’s progress. Candice’s site can be visited at www.prayforcandice.com.
Molly’s site can be visited at www.caringbridge.org by choosing “Visit a page,” and entering “ga” under directory and “marykate” under domain
CANDICE IS HOME!!
11/25/04
By Lauren Gregory, Rome News-Tribune Staff Writer
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Bryan Bendek (left) makes his wife, Candice, comfortable at home after the long trip from Atlanta accompanied by her father James Wilson (center). D. Patrick Harding / Rome News-Tribune
She won’t be able to eat any turkey this year, but Candice Bendek’s presence at home this year will likely be a true reason for Thanksgiving.
Candice, who fell into a coma after a horrific car wreck in February, was finally discharged from Emory University Hospital and came home to her family on Wednesday, just in time for the holiday.
Although her dinner will come from a feeding tube instead of her mother’s oven, said husband Bryan Bendek, both Candice and her family consider the extra place setting at the table a reason to celebrate.
“We’re just really happy,” Bendek said repeatedly.
Candice has “made a lot of progress,” according to her husband, most notably with muscle strength. “She’s got strength in her legs now,” he said.
Although she still uses a machine that helps relieve some of her weight as she walks, Bendek says his wife is getting stronger every day. “She’s just now starting to get her arm strength back,” he said.
As a result, Candice has now mastered “a lot of stuff that us as normal people take for granted — like moving yourself in a chair if you’re uncomfortable,” Bendek said.
For speech therapy, Candice has been “eating a lot of applesauce.” That may sound strange, Bendek said, but that is a great sign. As Candice feels the applesauce on her tongue and moves it around her mouth, he said, it helps her regain the movement she’ll need to begin talking again.
Looking at how far Candice has come makes this holiday a true blessing, he said. “It’s going to help us (the family). We haven’t been able to be up (in Atlanta) with her every day, and that’s been hard.
“What’s helped keep me so strong is her drive to get better, and all of the continued prayers from the community,” Bendek continued.
Candice returned in a specially equipped wheelchair van Wednesday for a trip to the salon and time “just to hang out with family.”
She will spend a week in Rome before the couple moves temporarily to an apartment in Atlanta, where they can live while Candice continues outpatient rehab at Emory.
Therapy could continue for a few more years, Bendek said, but that thought doesn’t dampen the holiday spirit a bit. “She’s just making tremendous progress,” he said excitedly. “We’re just really happy.”
10/20/04
Candice’s progress: 1 word, a few steps
By Lauren Gregory, Rome News-Tribune Staff Writer
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Candice Bendek came home on a weekend pass during the first weekend in October.
One word describes Candice Bendek’s most recent progress: water.
“Water” is the word that
Candice was able to utter to a nurse at Emory hospital Sunday night, nearly eight months after a February wreck put her in a coma and killed her unborn baby.
Since then, Candice has worked hard to put the horrific accident behind her, struggling through countless sessions of speech, physical, occupational, recreational and activities of daily living therapies.
After she began waking up from her coma in late April, Candice was sent to Atlanta for further rehabilitation. Her husband, Bryan Bendek, hopes she will be ready to move back to the couple’s Rome home in two months.
Although she hasn’t spoken again since Sunday night, Bendek said, Candice is making progress every day.
“It’s just small baby steps. But it’s definitely more than where she came from.”
Candice is doing so well, in fact, that she was able to obtain a weekend pass to come home the first weekend in October for a day of pampering at her favorite salon, Sheila B’s, and a visit to her church, West Rome Baptist.
Church members, who have joined with the community at large to offer prayers and support during the past eight months, welcomed Candice gladly with a standing ovation. “There wasn’t a dry eye in that place,” Bendek recalled.
Candice’s two-day trip home, which necessitated the transport of a hospital bed and a special lift, was a way of determining how she would manage at home once released from the hospital, Bendek said.
“The purpose of bringing her home was really to see if we could take care of her and to see if she felt comfortable there,” he said.
But the trip turned out to be just as beneficial to Candice as it was for her husband. “It did her just tremendous good,” Bendek said. “When we brought her back (to Emory), her therapy just took off.”
Just two days after her return, Candice, with the help of a special walking machine that supports most of her weight, was able to take 16 steps on her own.
“Every day now, she’s doing more walking,” Bendek said excitedly.
Last Wednesday marked yet another milestone for Candice — she was able to eat some applesauce, the first food or drink she has been able to swallow since her accident.
Still, dealing with the aftermath of Candice’s accident has been tough on Bendek. “It’s hard, because that’s my wife. I miss her talking to me, and I miss her companionship,” Bendek said. “But whenever I get sad like that, I just think about how thankful I am she’s alive.
“I think she’s going to come back all the way. It might take a couple of years, but she’s going to come back all the way.”
OCT 2ND UPDATE
By Matt Tuck
Rome News-Tribune Staff Writer
MTuck@RN-T.com / 290-5263
For the first time in seven months, Candice Bendek went shopping last week.
While it may not sound like big news for most people, it was a large step for Candice, who is still recovering from brain injuries she suffered in a February accident that left her in a coma.
“A lot of people don’t understand brain injuries,” said her husband, Bryan Bendek. “It’s a three to five year recovery. You don’t just wake up.”
Candice is climbing a tall ladder to complete recovery, but every step up is step in the right direction.
“She’s to the point where she’s identifying anything and everything through a thumbs up or a thumbs down communication,” Bryan said. “She’s doing really good.”
Last Wednesday, Bryan took Candice to the North Dekalb Mall, where she was able to pick our her own clothes – something she hasn’t previously been able to do.
“I was going to buy her something, and I would say, ‘Which shirt do you like?’ I’d hold one out and she’d give me a thumbs down if she didn’t like it. Then we found one that she gave a thumbs up. … It was a great time.”
Candice was under constant supervision at Floyd Medical Center for nearly four months. Since June 14, she’s been at Atlanta’s Emory Center for Rehabilitation, which Bryan gives credit for her recent improvement.
“It’s slow, but she’s making all the progress she’s supposed to be making,” he said. “When she first got (to Emory), she was just moving her thumb on command and wasn’t tracking with her eyes. Now she’s answering questions.”
In the coming weeks, she may even be able to come home. “The therapists feel that bringing her home on kind of a weekend pass might be good for her,” he said.
The weekend stays, Bendek said, would be used to determine if he and his family can take care of Candice. If things go well, she could be at Emory in the day, then go home at night. “We’re happy to have the chance to bring her home because that’s where she needs to be – with her family.”
Although a loving family that has sought the best care has been instrumental in Candice’s rehabilitation so far, Bryan gives credit to the community for their prayers. “We have appreciated everybody’s love and support. It’s definitely been a big part of her recovery.”
To continue that support, the City of Rome and the Rome Braves are sponsoring a benefit motorcycle ride on Saturday, Oct. 9. The ride, open to anyone after a donation to the Bendek family, will be a 67-mile trek through Rome and Floyd County. Registration will be from 7:30 to 9:30 a.m. at State Mutual Stadium, with the ride beginning there at 10 a.m.
The ride will end around 11:30 a.m. at Armuchee High School, where there will be a prize giveaway and a musical performance from Mercy Jones. To end the benefit, Bryan has put together a film and slideshow, detailing everything from Candice’s wreck to her current state. “It’ll let people get the grasp of what she’s been through,” he said. “They read everything, but a picture’s worth a thousand words.”
Candice Bendek is ‘getting better every day’
West Rome Baptist Church will host a citywide prayer service at 6 p.m. Wednesday.
07/26/04
By Sonya Elkins, Rome News-Tribune Staff Writer
Candice Bendek stood for the first time in more than five months, a step forward in her progress since entering rehab two weeks ago.
Candice is at the Emory Center for Rehabilitation Medicine in Atlanta where she stood with the help of a walker during her therapy last week, said her husband Bryan Bendek.
It was the first time she had been on her feet since a February car accident left her in a coma and claimed the life of her unborn child.
“She gets therapy eight times a day. It’s awesome,” Bendek said.
Candice’s admittance to the Emory center is a prayer answered for her family, which has been praying to find a place to continue her healing, said Bendek.
Her therapy begins when she wakes and continues into late afternoon daily. It includes speech, recreational, occupational and physical therapy, and daily-living activities such as putting on clothing and brushing her teeth. Candice is recognizing shapes, colors and Bryan, and she knows where she went to school and their wedding date, Bendek said.
The staff was impressed by her reactions and responses early in her stay, and Bendek agreed to let them film her progress for a learning tool for Emory University on therapy for brain injuries, he said.
Much like the staff whose help and concern he praised at Floyd Medical Center, the Emory staff has fallen in love with his wife and is encouraging about her prognosis, Bendek said.
“The therapists say they would like to keep her a couple of months and see what they can do,” he said. “They want to get her to a minimum dependency level where she can take care of herself some, but we can help her also. It’s going to be a long road.”
Throughout that long road that began when 21-year-old Candice’s SUV was struck by a suspected drunk driver, prayer has been central to her family’s message for her healing. That emphasis will continue Wednesday at West Rome Baptist Church.
The church will hold a citywide prayer service beginning at 6 p.m. with pastors throughout the community, and the family will also update the community on how Candice is doing, Bendek said.
“Up here today visiting her — she looks great,” he said. “They told us this would be a long business, but we’re just thankful she’s alive and getting better every day.”
| 7/9/04 UPDATE | |
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| 6/24/04 UPDATE | |
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Singing for Candice |
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The community unites for a benefit concert in support of
the injured woman. 04/25/04 By Lauren Gregory, Rome News-Tribune Staff Writer The Rome City Auditorium was filled Saturday evening with a diversity of audience members who all had one thing in common — prayers for Candice Wilson Bendek. The crowd at the “Community Healing” benefit concert for Candice, around 150 strong, was made up of friends, family and strangers alike. Young and old, singles and families swayed and clapped to the music of Christian artists Chris Blanton and Kirk Ayers, along with the Rome-based Christian rock group Mercy Jones, with Candice’s well-being in mind. She has been at Floyd Medical Center since Feb. 17, when a car accident left her in a coma. “We wanted to support Candice,” said Bobbeth Hawkins, who attended with her cousin, Elaine Couch. “We’re just praying for signs of improvement.” Although neither woman has met Candice or her husband, Bryan Bendek, they said they wish the family nothing but the best and expect continued improvement from the woman. “We think she’ll come out of it,” Hawkins said. “We just trust in the Lord. He’s doing wonderful things.” Romans Fred and Teresa Rife said they’d never met Candice, either, but still wanted to support her Saturday and get an update on her condition. “Our hearts just went out to the family,” Fred Rife said. The concert also featured performances by Bendek, who sang two songs — including “I Do,” the song he wrote for his wedding day — and Candice’s sister Brittany Wilson. In addition to his musical performance, Bendek had another contribution: a report on his wife’s continually improving condition. Ever since Monday, when doctors declared Candice in a semi-comatose state, he said, “she’s doing a lot better.” Bendek visited his wife just before coming to the concert. “She’s moving and responding, and her eyes are wide open,” he said, adding he’ll record the show so she can watch it later. “It’s awesome, completely awesome, that people ta PRAYFORCANDICE Apr 26 2004 2:28PM |
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PRAYER SERVICE 
Bryan Bendek said his wife, Candice Wilson Bendek, 21,
was on heruspected drunk driver last month.