Trucker avoids felony trial

The driver of a truck involved in an August chain-reaction crash that killed three people and critically injured a fourth will not face felony criminal charges, a Lucas County grand jury decided.

The grand jury declined Friday to indict John Tucker on three counts of aggravated vehicular homicide and one count of vehicular assault. But the Flint, Mich., truck driver likely will face misdemeanor charges in Maumee Municipal Court, authorities said.

John Weglian, chief of the special units division for the prosecutor's office, said the difference between felony and misdemeanor charges include whether Mr. Tucker was "reckless" or "negligent" when he allegedly caused the crash. "The case was presented to the Lucas County grand jury to decide whether they felt the conduct involved was reckless. If it was reckless, it would have been a felony," Mr. Weglian said. The grand jury chose not to indict him.

Killed during the early morning Aug. 4 crash, were James South, 68, of Monclova Township; Dale Barnhiser, 52, of Grand Rapids, Ohio, and Jodi Lubas, 40, of Maumee. Diana Dixon, 48, of Coraopolis, Pa., was injured.

Authorities said Mr. South's black pickup had become disabled in the right lane of northbound I-475 after a collision with a tractor-trailer driven by Michael Borowy, 55, of Warren, Mich., about 5:25 a.m.

Both Ms. Lubas and Ms. Dixon had stopped and gotten out of their vehicles to offer assistance when Mr. Tucker's tandem-trailer truck slammed into Mr. South's pickup, killing Mr. South and Ms. Lubas.

Ms. Dixon survived because she jumped from the freeway viaduct and fell to the Ohio Turnpike's median to avoid being hit.

Mr. Barnhiser was killed when he was thrown from his motorcycle into a field.

It is unclear why Mr. Tucker did not see Mr. Smith's pickup but it is believed he might have fallen asleep at the wheel, Mr. Weglian said. It was not impossible to see the pickup because there were reports from at least 10 other motorists who moved over after seeing the wreckage, he added.

There was no indication of any drug abuse or alcohol in Mr. Tucker's system, Mr. Weglian said.

Family members of Ms. Lubas and Mr. South could not be reached for comment Friday.

Mr. Weglian said to be found guilty of aggravated vehicular homicide, a third-degree felony, Mr. Tucker would have to have driven "with heedless indifference to the consequence of a known risk." "During the miles of his route from Flint to Columbus and back to Flint, there was nothing to indicate, at any stretch of the road, that there was any erratic driving," Mr. Weglian said. "His speed was well within the posted limit -- he was driving about 60 mph -- when impact occurred."

According to Maumee Municipal Court records, no charges have been filed against Mr. Tucker. City Prosecutor John Arnsby could not be reached for comment.

Mr. Weglian said Mr. Tucker could face vehicular homicide or vehicular manslaughter charges.

Vehicular homicide, a first-degree misdemeanor, is charged when a driver is found to be negligent, or exercised a "substantial lapse from due care."

Vehicular manslaughter, which is a misdemeanor of the second degree, is if the crash was the result of a traffic violation, in this case, assured cleared distance.

Contact Erica Blake at: eblake@theblade.com or 419-213-2134.