Grand jury to hear case against Dr. Sarah Mullican in Mountain Brook crash that killed 10-year-old daughter
A Mountain Brook doctor charged in the traffic crash death of her 10-year-old daughter while allegedly fleeing police has waived her right to a preliminary hearing.
Dr. Sarah Kathleen Cumbest Mullican, a 45-year-old anesthesiologist, is charged with reckless manslaughter and felony attempting to elude in the July 22, 2023, death of Annabelle Mullican.
Mullican was set to appear in court Wednesday for the hearing, which is when a defendant hears the evidence against him or her and a judge decides if there is enough probable cause to send the case to a grand jury for indictment consideration.
Read full coverage of the case here
With Mullican waiving the right to that hearing, the case will now be sent to a grand jury.
Her bond remains set at $45,000, according to an order issued today by Jefferson County District Judge Katrina Ross.
Mullican was initially arrested on the two charges on Sept. 15.
According to an affidavit, Mullican did “recklessly cause the death of (Annabelle) by operating a motor vehicle…in excess of posted speed limits, and/or by attempting to elude a law enforcement officer, and/or while under the influence of controlled substances, thereby causing the death of (Annabelle) who was a passenger in the vehicle.”
The affidavit does not state what substances police say Mullican was under the influence of at the time.
She is represented by attorneys Tommy Spina, Brett Bloomston and Ben Preston.
The crash happened about 5:30 p.m. that Saturday on Cherokee Road in Mountain Brook.
According to a police report, an officer was parked in the driveway of a residence on Old Leeds Road when he saw a white Toyota Highlander coming toward him from Crosshill Road on Old Leeds Road at a high rate of speed.
The officer clocked Mullican driving 47 mph in a 30-mph zone.
The officer followed the SUV and saw it swerve out of its lane several times, the report states.
It then turned left onto Cherokee Road, nearly striking a vehicle that it turned in front of, the report states.
The officer then activated his emergency equipment and attempted to conduct a traffic stop.
The officer saw the driver throw a cup out the window along with another unidentified object in the 3500 block of Cherokee Road, police have said.
“The vehicle appeared to accelerate after (the officer) turned his lights and siren on,’’ the report states.
The SUV then “negotiated” the curve as the roadway curved to the right. As the roadway curved back to the left, the vehicle ran off the right side of the roadway.
It then struck several trees and overturned before coming to a stop in the ditch on the right side of the road.
The crash was recorded on the officer’s dash cam.
It showed that when the SUV ran off the right side of the road, the passenger’s side of the vehicle struck a tree. The vehicle began spinning before it struck another tree on the passenger’s side.
The vehicle then spun around and overturned as it struck another tree while sliding further down the ditch, according to the report.
The SUV then hit a fourth tree with its front bumper before coming to a stop while it was still overturned.
Mullican had several abrasions on her arms and legs. She was treated by Mountain Brook Fire on the scene and released.
Callie Mullican, 8, also suffered abrasions on her arms and legs. Police believe she was seated in the passenger’s side backseat, with her seatbelt locked in place, records state.
She was taken to Children’s of Alabama.
Annabelle was seated in the driver’s side back seat. Her seat belt was not locked in place “indicating that she was not wearing her seatbelt,’’ according to the report.
“Annabelle had a major head injury and was unresponsive at the scene,’’ the officer wrote.
She was taken to Children’s of Alabama where she was pronounced dead at 6:20 p.m. The Jefferson County Coroner’s Office told police Annabelle’s fatal injuries included a skull fracture.
The report says Dr. Mullican was taken by police to Children’s of Alabama.
A search warrant for Dr. Mullican’s blood and saliva was later carried out at Brookwood Baptist Medical Center.
Dr. Mullican was admitted to Brookwood for a psychiatric evaluation and issued a traffic citation by police for reckless driving.