James Allen Thorpe

John "Jack" Phinney

Charges Reduced in Fatal Test Drive Case

Published : Tuesday, 27 Oct 2009, 6:56 PM CDT

RICHARDSON, Texas - The man once accused of killing a car salesman during a test drive will no longer stand trial for murder.

John “Jack” Phinney was an employee at Manuel Auto Sales in Richardson. In October, he died during a test drive with a customer.

Police said somehow Phinney ended up dead while James Allen Thorpe was driving about 50 miles per hour on Central Expressway. At the time, they believed Thorpe either pushed him or forced him to jump out of the truck.

Thorpe was originally charged with capital murder. But during a jailhouse interview with FOX 4, he said Phinney leapt out of the truck on his own accord.

The capital murder charge has since been dropped. Instead, Thorpe faces an aggravated robbery charge.

That has Suzette Wall upset.

Wall is asking everyone she knows in the car business to sign a petition on behalf of her former friend.

"This is about principle, morality and about what's right and wrong," she said. "If they only bring him to trial on the aggravated robbery charge, he will not be forced to stand accountable for Jack's murder or death in any way."

The District Attorney's office declined to comment, saying the case is still pending.

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