The death of a radio station owner after a highway collision in Stillwater, Oklahoma, finds justice after the Courts send the defendant, a dump truck driver a letter asking him make a voluntary appearance.

Radio Owner killed while covering a fire for Kush Radio
The owner of the radio station Kush, Sean Kelly, 53, of Stillwater, Oklahoma died in a highway collision nearly a year ago. The driver of the dump truck that caused the collision and the homicide on Highway 33 was arrested on charges of negligent driving but later released on charges of misdemeanor by the Payne County Assistant DA Tyson Branyan.
David Bruce Thomas, 52, the defendant was the driver of the dump truck that caused the fatal accident. Eleven months later this driver who was working for a local company named Kinder Dozer Inc. of Carney, has been served a notice to appear before the judge where he faces charges of homicide.
Driver ignores safety rules
It is alleged that Thomas failed to follow safety rules when making a complete pass of Kelly’s 2005 Chevy pick-up. And in the process smashed into the small truck on the driver’s side killing the pickup truck driver. At the time of the collision Kelly was covering a grass fire for KUSH radio and made a left turn at the intersection of Highway 33 and Stiles Road. The truck whilst making a pass did not slow down nor observe extreme caution, and instead, rammed into the pick-up with fatal consequences for the driver, Kelly.
State prosecutors have put together a team of 23 witnesses that include nine firefighters and five Oklahoma Highway Patrol troopers. The OHP has submitted a report that says that the fire trucks had their emergency lights on that could be seen from far away. Kelly was driving very slowly along the highway. Witnesses say that he turned on his signal at the approach of Stiles Road. When the dump truck saw Kelly’s as well the witnesses slow moving vehicles it started to pass says the OHP report.
Accident attorney says that a truck has to observe extreme caution during a pass
The truck was making a pass without adhering to state highway law that says a pass is not possible if it interferes with the safe operations of the vehicle being overtaken. As per the witness in the OHP report the driver of the dump truck did not observe any of these cautions as there was no way a pass was possible without damaging the pick-up.
Added to this the fire trucks had their emergency lights activated. The state law requires that in such cases the driver must proceed with caution and reduce the speed of the vehicle depending on the existing road, weather and traffic conditions.
The OHP alleges that Kelly died because the driver did not follow any of these laws. Forensic evidence indicates that five of the truck’s eight brakes were broken. According to Oklahoma accident attorneys, Thompson’s criminal charges would be confined to a $1,000 fine and a maximum prison sentence of 1 year.

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