A NC trooper crash led to a $1.7M payout and a rare officer conviction
AI-generated summary reviewed by our newsroom.
- Donald Garner died after trooper crashed into truck; state settled claim for $1.7M.
- Trooper Carson Underwood drove up to 90 mph without lights, public records say.
- Underwood fired; pleaded guilty to misdemeanor death in probation agreement.
Helen Garner looked both ways before entering a rural Randolph County intersection, but didn’t see a Highway Patrol cruiser without lights or sirens that crashed into the passenger side of her pickup truck. Her husband walked away from the crash but died five days later.
Donald Wesley Garner, 87, of New London, was a father to two and grandfather to nine, his obituary states.
“Donald was an outdoors man and he loved raccoon hunting, training hunting dogs, fishing, having a garden and sharing it with others,” the obituary states.
The June 2023 crash led to an uncommon criminal conviction for a North Carolina trooper involved in a collision and a $1.7 million settlement payment by the state to Garner’s family after they filed a lawsuit.
The public records that The News & Observer obtained on the case offer a rare behind-the-scenes glimpse of what happens when the Highway Patrol investigates and fires one of its own.
Trooper Carson Underwood’s negligence resulted in the wrongful death of Donald and caused Helen severe emotional distress, states a lawsuit the Garners filed in February 2024 with the North Carolina Industrial Commission. The commission handles tort claims filed by people who contend they were injured or killed due to negligent acts by state employees.
What the Highway Patrol found
On the day of the crash, Underwood had permission to work from his Randolph County home until he was assigned to respond to a nonemergency, a report of improperly parked cars and people blocking a bridge in Montgomery County, according to records.
Instead of immediately heading to the 3:33 p.m. call, Underwood didn’t leave his home in his marked patrol car until around 5 p.m., states a June 16, 2025, letter from Col. Freddy Johnson, commander of the highway patrol.
The delay constituted neglect of duty, Johnson said, noting that Underwood also failed to activate his lights or siren as he sped down Old North Carolina Highway 49, reaching up to 90 mph despite the 45-mph speed limit.
“You started braking 2.4 seconds before the collision occurred,” Johnson wrote about the crash at the intersection of Brantley Gordon Road and Old North Carolina Highway 49.
After Underwood hit the couple’s truck, EMS took Underwood and the Garners to the hospital. Donald Garner sustained multiple serious injuries, resulting in him being discharged to hospice, where he died five days later. Underwood had a minor, unnamed injury, and Helen had a leg injury, Johnson’s letter states.
In the days after the crash, the Highway Patrol Collision Reconstruction Unit started a criminal investigation into the Donald Garner’s death, consulting with the Randolph County District Attorney’s Office, the letter states.
Underwood was put on administrative leave from his master trooper job, which paid $80,252 annually. An internal investigation also followed.
On Jan. 6, 2025, 19 months after the crash, a Randolph County grand jury indicted Underwood of misdemeanor death by motor vehicle. That same month, Underwood was fired. He appealed the dismissal. Helen Garner dismissed the lawsuit in February following the settlement.
In June, Johnson signed a letter stating that he upheld the dismissal due to Underwood violating multiple Highway Patrol policies.
“You failed to adhere to these basic conduct standards when you neglected your duty, disregarded multiple high-liability policies related to the safe operation of your NCSHP-issue vehicle, and engaged in driving that was inconsistent with your obligation to drive with due regard for the safety of the public,” reads the letter Johnson sent.
What Underwood says happened
Underwood claimed the investigation was biased, according to Johnson’s letter.
A trooper report on the wreck changed three times, Underwood’s attorney Mikael Gross said during an interview.
The first version said Helen Garner was at fault for not stopping, as the truck’s data recorder showed she rolled the stop at 7 mph, Gross said. The second said that Helen Garner and the trooper were both at fault. And the third version blamed just Underwood.
Emily Wilson, the Garners’ daughter, denied that her mother didn’t stop. Otherwise, the family decided not to make any statements to The News & Observer about the case.
The Highway Patrol also declined to comment or answers questions about the case.
Underwood was never notified of the significant changes to the trooper’s report on the accident, nor given an explanation, Gross said.
Underwood had upgraded the Montgomery County call to an emergency and sought back up before the crash after he learned that a large group of people was blocking the bridge , Gross said.
Underwood’s plea deal for misdemeanor death by vehicle
At Underwood’s April 11 employee grievance hearing, he challenged his dismissal. Underwood had never been disciplined previously, Gross said. In 2015, he received the Highway Patrol Meritorious Award for locating a woman who had been missing for several days.
Underwood cited several cases where law enforcement officers in North Carolina had been found to contribute to a vehicle collision, but weren’t fired, Johnson’s letter said. Most of the others had something about the incident added to their personnel file, but no further action, Underwood argued.
The employee grievance hearing officer, however, saw it differently.
Underwood’s case involved him speeding to a nonemergency situation without lights or a siren. The other cases involved pursuits of “violaters, subjects who are resisting arrest, intoxicated drivers and speeding with their blue lights on and sirens activated,” Johnson’s letter states.
On Sept. 15, Underwood pleaded guilty to misdemeanor death by motor vehicle, ending his criminal case.
If Underwood completes his 12 months of supervised probation with no problems and other agreed-upon actions, including surrendering his law enforcement certification, then his misdemeanor conviction would be dismissed, the court records state.
The deal doesn’t prevent him from seeking employment as an officer after the dismissal, Gross stressed.
Virginia Bridges covers criminal justice in the Triangle and across North Carolina for The News & Observer. Her work is produced with financial support from the nonprofit The Just Trust. The N&O maintains full editorial control of its journalism.
This story was originally published December 1, 2025 at 6:00 AM.
