Posted on 02/28/2019 1:16:34 PM PST by csvset
After more than five hours of deliberation Wednesday, a jury found a trash truck driver not guilty in a fatal 2018 train crash.
Dana Naylor Jr., 31, initially was charged with involuntary manslaughter and maiming while under the influence after authorities said he drove a Time Disposal garbage truck onto train tracks on Jan. 31, 2018, and was struck by a chartered Amtrak train carrying Republican members of Congress. The collision killed Chris Foley and severely injured Dennis Eddy. Both men were passengers in the trash truck.
The DUI maiming charge was dropped Wednesday morning after being rendered moot by a judicial ruling Tuesday that certain scientific testimony and blood evidence was inadmissible.
Following the verdict, Albemarle Commonwealths Attorney Robert Tracci said the judges decision to exclude evidence and testimony made it difficult for the prosecution to maintain the DUI charge.
Its difficult to use toxicological evidence alone to establish impairment for various substances, he said, including Xanax and, in some cases, alcohol.
Though he clarified this was an important case to bring to the community, Tracci said he hoped for a remedy from state legislators on THC impairment.
My hope is the General Assembly will look to establish a per se limit for THC impairment, the kind that exists in several states that have moved away from criminalizing marijuana, he said.
Tracci, confirmed a juror told him the initial jury vote found Naylor guilty by 10 to two.
The only defense witness called, Amanda Snow, said she had lived near the site of the crash in Crozet for almost three years. The crossing gate arms malfunctioned regularly, she said, sometimes lowering for no reason.
On around five occasions, Snow said she crossed the tracks when the arms were up only to see a train pass soon afterward.
In closing arguments, Tracci repeatedly argued that Naylor drove around lowered crossing gate arms in an act of criminal negligence.
If this isnt criminal negligence, then I dont know what is, Tracci said at several points during the commonwealths closing argument.
Walking through most of the witness testimony and evidence via a PowerPoint presentation, Tracci implored the jury to find that Naylor acted with callous disregard for human life when he drove onto the train tracks.
Tracci also called Snows testimony into question, pointing to a portion where she claimed she had seen the crossing gate arms lowered for a full day.
If the arms had been lowered for 24 hours, dont you think that would have been on the news? he said.
Tracci said witness testimony had been remarkably consistent in regard to Naylors statement that he tried to beat the train but wasnt fast enough and that the death and injury of his coworkers was all his fault.
In his closing argument, defense attorney William Tanner argued that though tragic, the crash did not meet the qualifications for involuntary manslaughter.
The aftermath of the crash rippled to a lot of people, including the victims, defendant and those on the train.
Naylors statements after the crash showed a natural guilt, Tanner said, and should not be taken as an admission he knowingly drove in the way of the train.
Why on Earth would [Naylor] risk the lives of himself, his coworkers and those on the train to save a minute while he was working? Tanner said.
After the jury announced its decision, Naylor and his family left the courtroom quickly and quietly, declining to comment as they walked out. Tanner also declined to comment.
Per guidelines, if found guilty, Naylor could have faced up to 10 years of incarceration. He still faces two civil suits filed by occupants of the Amtrak train.
Tyler Hammel is a reporter for The Daily Progress. Contact him at (434) 978-7268, thammel@dailyprogress.com or @TylerHammelVA on Twitter.
Something fishy about this
"Its difficult to use toxicological evidence alone to establish impairment for various substances, he said, including Xanax and, in some cases, alcohol."
This is what jumps out IMO. What ruling was this?
It looks like the prosecution’s forensic evidence was disallowed, but from this story you can’t see why.
Drug evidence, testimony tossed from fatal train crash trial
Crucial drug-related evidence and testimony will be excluded from the trial of a trash truck driver charged in a deadly 2018 train crash.
In Albemarle Circuit Court on Tuesday, Judge Cheryl Higgins granted a defense motion to exclude expert testimony and evidence that the commonwealth argued would prove Dana Naylor Jr. was impaired by THC at the time of the crash.
Naylor is charged with involuntary manslaughter and maiming under the influence after authorities said he drove a Time Disposal trash truck onto the tracks in Crozet, colliding with a chartered Amtrak train carrying Republican members of Congress, killing Christopher Foley and gravely injuring Dennis Eddy.
However, the argument for the DUI charge has been thrown into uncertainty after Higgins ruled to exclude testimony from Dr. Jayne Thatcher, a forensic toxicology expert.
Outside the presence of the jury, Higgins listened to testimony from Thatcher about levels of THC tetrahydrocannabinol, the main active ingredient in marijuana found in Naylors blood and whether that could be used to prove impairment.
Approximately five hours after the crash on Jan. 31, 2018, the Albemarle County Police Department obtained a warrant to draw Naylors blood. The warrant was obtained using claims from Detective Mike Wells that Naylor smelled of beer, during an interview at the University of Virginia Medical Center. According to earlier testimony, Naylors blood sample tested negative for alcohol but tested positive for THC.
Juan Vega, assistant commonwealths attorney for Albemarle County, asked Thatcher questions about a 2006 study conducted by her colleague Dr. Johannes Ramaekers that looked into the connection between THC levels in blood and impairment.
In the study, Thatcher said 71 percent of participants with 2.5 to 5 nanograms per milliliter of THC in their blood samples were found to be impaired when fulfilling three different performance tests. As the THC levels increased, so did the percentage of those impaired, she said, clarifying that the degree of impairment was not described.
Naylors blood had 6.6 nanograms per milliliter of THC in it, she said.
However, due to a variety of variable factors including body mass, age, frequency of use, etc. Thatcher said she could not definitively say whether Naylor was impaired at the time of the crash or blood draw.
You cannot say whether or not a person was impaired based on toxicology, she said. THC is particularly tricky.
William Tanner, Naylors attorney, pointed to various studies that backed up Thatchers uncertainty and argued the commonwealth was trying to bootstrap the idea Naylor was impaired to their claims he drove around crossing gate arms to get onto the train tracks.
Nobody on Earth can say whether a specific concentration of THC can cause impairment, Tanner said, motioning to several printed scientific studies on the table.
Vega countered that he was in agreement that the correlation between THC levels and impairment was uncertain, but he thought a jury should be allowed to determine the facts of the case.
I think were almost in complete agreement, except we reached different conclusions, Vega said to Tanner.
Higgins agreed with Tanner and granted the defenses motion to exclude Thatchers testimony along with the toxicological report.
The motion to exclude had been filed prior to the trial, but Higgins had taken it under consideration until she could hear Thatchers testimony.
Later Tuesday, outside the presence of the jury, Albemarle Commonwealths Attorney Robert Tracci revealed the commonwealth also intended to introduce evidence of marijuana found in a lunchbox inside the truck.
Tracci said he would seek to prove through testimony that the small amount of marijuana found in a Carmex container inside the lunch box belonged to Naylor. However, following the exclusion of testimony and evidence regarding THC levels and impairment, Higgins ruled that the evidence would unfairly prejudice the jury against Naylor.
Among the nearly dozen witnesses who did testify in front of the jury Tuesday was Dennis Eddy, father of the crash survivor with the same name. According to Eddy, his son suffered severe brain damage during the crash, which has forever altered his life.
He said his son, who is currently living at an inpatient rehabilitation facility in Blacksburg, no longer has the confidence or abilities he had prior to the crash.
When he walked up to you, he had this confidence you could feel, Eddy said of his son. Now hes withdrawn and easily agitated.
Eddy also suffers from short-term memory loss, often being unable to remember sentences after reading them, and has stuttered speech, among other injuries.
Dr. Richard Kunz, of the Virginia Commonwealth University Health System, said he cared for Eddy for approximately 49 days after the crash. For patients who suffer severe brain injuries like Eddy, he said the recovery time is around 12 to 18 months.
However, after the first year, a patient is unlikely to recover any abilities if they have not already done so, Kunz said.
When in his care, Kunz said Eddy was extremely agitated and posed a risk to both himself and the hospitals staff. He clarified this was not uncommon for someone with that type of severe brain injury, who are often so disoriented they cannot remember their names.
Kunz said in addition to the brain injury, Eddy suffered fractures to his face, hip, pelvis, tail bone and right elbow.
Boyd McCauley, owner of Time Disposal, said he helped the National Transportation Board with its investigation the day after the crash. He also identified Foleys body on the day of the crash.
McCauley attempted to drive an identical trash truck around the crossing gate arms the day after the crash and was unable to maneuver around both.
Gregory Gooden, of Buckingham Branch Railroad, said he is in charge of monitoring the crossing signals along the stretch of track where the crash occurred.
The crossing was likely functional when the crash occurred, he said, and four maintenance requests during the year prior were related to track repairs.
According to Gooden, the arms are fully horizontal about 15 seconds before a train crosses. Though the arms are secured, he said it would not take much to knock one down.
Its not hard to drive through the arms, theres only one pin holding them, he said. It doesnt take much; a strong person could probably break one.
Witness testimony will continue Wednesday morning, and a jury verdict is expected sometime in the evening.
Tyler Hammel is a reporter for The Daily Progress. Contact him at (434) 978-7268, thammel@dailyprogress.com or @TylerHammelVA on Twitter.
Just out of curiosity, what’s his party affiliation?
Who(m) did he vote for? /adjusts tinfoil hat
Charlottesville, Virginia news outlet. Hm.
The guy drives around the crossing gate. Manages to kill one coworker and maiming the other.
Yeah, lying witness claiming the crossing arms had been down for an entire day. Driver lives while coworkers die. Supreme court in the balance and a trainload of Republicans.
I’m guessing a union guy maybe could owe someone a favor for digging him out of something in the past, in a worst case scenario.
In a best case scenario, his union opted to help him by finding a person willing to testify that the crossing gate was down once all day and regularly messes up.
Sound conspiratorial? It’s not as far out as it sounds.
When my Dad was a shop steward with the Teamsters, one of St Louis’s mob guys making the rounds through rough strikers at a railroad and trucking company that no doubt the mob was targeting gave him a calling card in the event he “ever needed anything,” meaning if he ever needed something dirty, like to have someone’s legs broke, or worse. Wise to the procedure, my Dad threw the card away because mob favors ALWAYS get collected on and it’s ALWAYS “with very high interest rates” to do something dangerous and felonious for the mob in return for the favor. Once hooked they never let go.
“Something fishy about this”
Maybe they ‘just happened’ to find the 1 in a 1000 train that was full of elected Republicans.
isn’t that Obama’s boyfriend?
Ive been told by many freepers that nobody has ever died due to weed.
That's for sure.
MK Ultra...
That jumped out at me, too. That’s rather shocking, isn’t it? Tox screens are used everyday in employment testing, DUI testing, drug testing, you name it. Since when are they not reliable?
This will be back on the docket. Or a variation thereof.
I had high school friend who, about five years ago, was rear-ended by a texter and his vehicle was pushed out into the oncoming traffic from a stop light...and he was killed. The lady who was texting got off with absolutely nothing. The texts were not used as evidence.
Reading what csvset posted, it sounds like it’s an issue of there being no standards set for THC levels in the blood that cause impairment.
An employer only wants to see if you've used weed recently; not whether you're high during the urine test.
Here the prosecutor overcharged the driver, which probably contributed to the acquittal.
It also seems likely that the Detective lied about smelling beer: the toxicology report showed zero alcohol. I would have tossed all the toxicology results for that reason alone- no probable cause, unless the state mandates such testing as part of a vehicle investigation.
As far as witnesses claiming the driver said he tried to beat the train, they may have appeared as reliable as the detective's beer claim.
Maybe the guy did try to beat the train; or, maybe you have an ambitious prosecutor really stretching the charges and the facts to crucify someone to make a name for himself. Hard to tell. In which case, you acquit.
The truck driver almost managed to clear the tracks, after zig-zagging around the ends of both gate crossbucks. (His boss was unable to duplicate that same maneuver during reenactment.)
My guess is that the driver had made that maneuver when the gates were "stuck down" (with no train coming) several times before -- in order to complete his regularly-scheduled trash pickup route.
The train didn't hit the truck, per se It only hit the left rear corner of the hinged loader bucket, which extended off of the back end of the truck body (and, possibly, the right rear tire[s]...)
Had sabotage been the intent, the driver would (and could) have stopped the truck while directly on the tracks, athwart the road (facing away from the train) and bailed out. Instead, he continued on, and made a left turn around the end of the far gate -- and almost cleared the tracks.
Had this been a serious sabotage attempt, the truck would have been a heavy dump body -- loaded with rock -- not a loosely-attached, flimsy trash body, loaded with (mostly) paper.
I looked hard for evidence of a conspiracy; didn't find any. Sometimes a train wreck is just a train wreck -- and a dumb@$$ is just dumb@$$...
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FWIW, the Trial is over -- but our da*ned NTSB has not yet released its final report -- as far as I've been able to determine. (Your government bureaucrats doing their usual stellar jobs!)
TXnMA
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