Man sentenced to 55 months for fatal wreck

After a four and a half hour deliberation Thursday evening, the jury could not reach a unanimous verdict on a second-degree murder charge in the Cary Levon Lee, Jr. case.

“The court declared a mistrial on the second-degree murder charge, since it was a hung jury,” said assistant district attorney J.B. Askins, who prosecuted the case.

However, Lee, was found guilty of aggravated felony death by vehicle, driving while impaired and misdemeanor hit and run, Askins said.

Lee, who was represented by Jacksonville lawyer Ernie Wright, was accused of striking 21-year-old Nicole Deichmeister Rhinehart with his car in the early morning hours of July 17, 2008.

Rhinehart had crashed her car into a pole in the highway median at 2:30 a.m. near Verona on U.S. 17. She was trying to flag down other motorists when she was struck, according to the Highway Patrol. Authorities say Lee killed Rhinehart with his car, failed to stop and continued driving until he was pulled over by the Onslow County Sheriff’s Department. 

Rhinehart, who was pronounced dead at the scene, was intoxicated, according to toxicology reports made public by the N.C. State Medical Examiner’s Office. Her blood ethanol content was 280 mg/dL, equal to a breathalyzer reading of 0.28, according to the medical examiner who signed her death certificate.

Senior Resident Superior Court Judge W. Allen Cobb, sentenced Lee to a minimum sentence of 55 months in prison with a maximum of up to 75 months in prison, Askins said.

“He was incarcerated (Thursday evening) to begin his sentence,” Askins said. “He did give notice of appeal.”