Columbus man with 7th DUI pleads in crash that killed Purple Heart veteran

Bobby Francis Sr. served in the Army during Desert Storm and in the Marines in Vietnam, where he earned a Purple Heart. At 72, he was an avid motorcyclist who had three children and six grandchildren, and looked forward to the birth of twin great-grandchildren.

He survived two wars, but not the impact of a Ford F-250 pickup ramming his southbound Honda VTX 1300 motorcycle from behind Nov. 4, 2017, on Floyd Road, where Francis had stopped to make a left turn onto Booth Street.

Driving the pickup was a drunk Daniel Lee Voss, who had six previous DUI convictions going back to 1986, yet still had a license.

Police called to the crash found Voss sitting on the tailgate of his pickup. He told officers he’d drunk two 12-ounce Budweisers that day. A test later showed he had a blood-alcohol content of .157. Georgia law prohibits driving with a BAC of .08 or more.

On Tuesday, the man Judge Gil McBride called a “serial drunk driver” pleaded guilty to homicide by vehicle and following too closely. McBride sentenced him to 16 years in prison with 13 to serve and the rest on probation. Voss now is 59 years old.

When released from prison, he is to have no driver’s license while on probation.

Attorneys said the hearing for Voss’ sentencing lasted two hours as the court heard eight victim-impact statements from Francis’ family and friends.

“He was a goofy character with a huge heart.,” the statement Francis’ daughter Melissa McIntyre read in part. “He looked at life as if it was an adventure. I have many memories of metal-detecting, motorcycling, and other adventures with him. That is all I have now. I do not have the opportunity to create more memories with my Dad.”

A Mothers Against Drunk Driving representative conveyed the sentiments of one of Francis’ neighbors, who said she adopted six special-needs children to whom Francis became a mentor akin to an uncle or grandfather.

Voss apologized to Francis’ family in court.

“He was very contrite and remorseful, and has been from day one,” said defense attorney Susan Henderson. She said Voss told her he hit Francis’ motorcycle while checking on his dog in the bed of the pickup, having heard a noise that prompted him to look back.

Francis’ daughter doesn’t believe that.

“I would like to say that the whole dog in the back of the truck was never mentioned until court that day,” McIntyre wrote in an email. “It was a false excuse Voss used to justify his actions. He never truly owned his actions.... He had no business drinking and driving. I do believe it is possible to be a drunk and still not drink and drive.”

Voss failed a field-sobriety test and refused a breath test, so police got a blood test.

He was charged with two counts each of vehicular homicide and DUI, but for sentencing in a single death, those merged into the homicide charge as one offense. The only other remaining count was following too closely, a misdemeanor for which he got 12 months probation.

The crash that killed Francis was Voss’ seventh DUI. A shocked public wondered how he legally could be driving with that record.

Attorneys said that for Voss to be convicted of a felony, under Georgia law, he had to have at least five DUIs within a span of 10 years. He did not.

Here are his previous offenses prosecutor Robin King read into the court record: Sept. 19, 1986; Nov. 30, 1993; April 8, 1994; Feb. 4, 1997; May 6, 2005; and Jan. 11, 2017.

Henderson said Voss’ father was an alcoholic, and Voss has tried a 12-step program to overcome his addiction. He is getting counseling in the Muscogee County Jail, she said.

“It’s just a tragic situation,” Henderson said of the fatal crash.

According to Francis’ Ledger-Enquirer obituary, he was born Aug. 15, 1945, in Fisk, Mo. After serving in the Marines and the Army, he retired with over 20 years service. Afterward he got a degree from Columbus State University and worked until retirement at Quad Graphics.

In court Tuesday, King showed a photo of the battered motorcycle helmet Francis was wearing the day he died. It had two stickers on it.

“I am a veteran,” read one. “My oath of enlistment has no expiration date.”

Below that was this: “It’s never too late to have a happy childhood.”

This story was originally published January 31, 2019 at 2:01 PM.