Mom says justice not served after 19-year-old daughter killed in crash

Published: Sep. 28, 2023 at 12:52 AM CDT
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BIRMINGHAM, Ala. (WBRC/Gray News) - A heartbroken Alabama mother wants charges to be upgraded against the man who was allegedly drinking and driving ahead of the crash that killed her 19-year-old daughter.

A civil lawsuit claims 20-year-old Gabriel Uncapher, 19-year-old Virginia Davis and another person left Birmingham’s Zydeco bar in June in the early morning hours after drinking and attending a concert there. Shortly afterwards, the Jeep Grand Cherokee they were driving in crashed on Highway 280. Davis died on scene.

The lawsuit claims Uncapher lost control “due to his intoxicated condition” while going an estimated 90 miles per hour and hit a guardrail, rolling over and crushing Davis in the back seat, WBRC reports.

Davis’ mother, Lea Bone, says Life360 app data from her daughter shows the vehicle was going 93 miles per hour at the time of the crash.

“If it weren’t for my faith, I wouldn’t get out of bed in the mornings,” Bone said.

Uncapher is now facing a manslaughter charge, but Davis’ mom says the charge needs to be upgraded.

“To me, it’s not justice. He was four times the legal limit for his age. He was going 93 miles per hour. If that’s not murder, I’m not really sure what is,” Bone said.

Davis, who went by “Cricket,” had a whole life ahead of her, her mom explained.

“She was such a light. There were over 400 people at her funeral. She was a Delta Zeta at the University of Alabama. She had just finished her first year. She had great plans to go to law school. She’s missed tremendously,” Bone said.

Bone says Uncapher hasn’t shown any remorse. She says he needs to pay for what happened.

“It’s my understanding he didn’t accept responsibility at the scene. He told the officers he wasn’t driving, even though he was, and of course, they, through their investigation, determined he was driving,” Bone said.

Bone emphasized that this situation has torn apart everyone involved. She has a sobering message to the community:

“To parents and teenagers alike: if you put up his mug shot and her picture, you don’t want to be either one of those people. There’s no reason in today’s society to drink and drive. Tell your kids it’s real. I told Cricket all the time: ‘Don’t drink and drive, and don’t ride with anybody that’s been drinking,’” Bone said.

The lawsuit names Uncapher, his father and others, including Zydeco. It claims the bar was negligent and served alcohol to minors.

WBRC got the following statement from Uncapher’s attorney, Tommy Spina:

“Gabe has expressed remorse and contrition to those he has spoken with about the accident, including his voluntary statement to the Birmingham Police Department, in the weeks following the wreck. He expects punishment and is prepared to accept the consequences for his actions and behavior that brought about the death of Cricket. Regrettably, our system of criminal justice doesn’t provide a mechanism to express that remorse and contrition directly to those most affected by his actions at this point in time.”