Ryley OberAsheville Citizen Times
ASHEVILLE — Twin brothers from Candler were convicted Dec. 6 for the death of 28-year-old James Haywood Shearon, who died from severe head trauma after he was struck while biking on Grove Street March 1.
Calvin Tyler Dion, 22, pleaded guilty as charged to second-degree murder and felony hit-and-run inflicting serious injury or death, according to a news release from District Attorney Todd Williams. Superior Court Judge Marvin Pope sentenced Dion to an active term of 108-142 months, or at least nine years, in prison.
According to an arrest warrant obtained by the Citizen Times, Dion’s twin brother, Allen Blayze Dion, 22, was at the scene of the accident and told his brother over Facebook Messenger not to come back to the scene of the crime because police were there.
Allen Dion was convicted Dec. 5 of accessory after the fact to felony hit-and-run inflicting serious injury or death. Pope sentenced him to an active term of 10-21 months in prison, according to the news release.
A blue 2012 Honda Civic, which was later determined by police to be driven by Calvin Dion, swerved into Shearon, of Asheville, while he was biking near the 35 block of Grove Street around 5:05 p.m. March 1, according to an Asheville Police Department news release.
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Shearon died from severe head trauma March 8, a week after he was hit, the district attorney’s release said. Shearon’s sister, Laura Stewart, told the Citizen Times Dec. 7 they kept her brother, who was an organ donor, on life support at Mission Hospital so his life-saving organs could make it to those who needed them.
“His liver went to two small children under the age of 4,” Stewart said. “That in itself was life saving for those two children.”
Dion was driving 20 mph over the speed limit when he crashed into Shearon at 40 mph, according to an accident report obtained by the Citizen Times. Stewart said that based on surveillance footage, Shearon was attempting to get onto the sidewalk when he was struck.
The interaction between the Dion brothers and Shearon started before the fatal collision, with a witness observing a verbal exchange that seemed to be road rage, Stewart said.
“Blayze and James are yelling back and forth to each other in the car, then the blue vehicle they were driving gets to the corner and has to stop at the light,” Stewart said. “Blayze got out of the car, continues to yell and holler at James. Blayze took off on foot down Grove Street as his brother was in the car in front of him.”
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Security footage obtained by the Asheville Police Department showed the Honda driving away from the scene immediately after the accident, according to the release. The Honda Civic was found in a nearby parking lot, and Dion later admitted to driving the Honda and leaving the scene, Williams said.
Calvin Dion was on the run for 26 days after the accident, until the APD arrested him on March 27, after receiving tips from the public. Following further investigation, the other Dion twin was arrested on July 27.
“The District Attorney’s Office thanks APD investigators for putting together an iron-clad case that ended with a guilty plea as charged,” Williams said in the news release. “North Carolina law protects all who use our streets and highways from dangerous acts committed without regard for others’ safety, no matter the mode or choice of transportation. I wish the victim’s family peace and healing.”
Stewart read a victim impact statement during sentencing, sharing how Shearon was diagnosed with autism at age 4, but despite his disabilities, was “the hardest worker, had the biggest heart and was always lending a helping hand.”
Shearon worked for many downtown Asheville restaurants, including Café 64, Blackbird and All Day Darling, Stewart told the Citizen Times. He had a love for cooking, traveling and art.
“Only his family and close friends know the beauty of his life and what he has to share with the world,” Stewart said. “He experienced so many struggles in his life, but he never once turned away from a challenge. He was fearless, jovial and sometimes had the best jokes.”
Stewart said one of the brothers, Allen, turned and addressed the family in court, apologizing for his involvement and his decision to participate in the crime. But to Stewart, the other brother and driver “did not show one ounce of remorse.”
“I will never forget the smile on his face while his charges were being read out loud,” Stewart said.
Though she believes their punishment did not match the crime, Stewart said she’s grateful “that we were able to have a small amount of justice because a lot of these hit-and-run crimes go on for many years.”
“The amount of road rage and hit-and-runs that happen in this town is unreal,” Stewart added.
The Citizen Times spoke with Allen Dion’s attorney, Doug Edwards, about the case and reached out to Calvin Dion’s attorney, Al Messer, who was unavailable before press time.
Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober