Matthew L. Small, 34, West Grandville, Michigan, was the drive of this semi involved in a triple accident Jan. 5, 2020, on I-65 near the Zionsville exit. Charges of reckless homicide against Small were dismissed Friday, Oct. 2. Staff file photo
Boone Superior Court 2 Judge Bruce Petit granted defense motion to dismiss three charges of reckless homicide against a Michigan truck driver involved in a chain-reaction crash that killed three Lebanon residents.
Matthew L. Small, 34, of West Grandville, Mich., was charged with three Level 5 felonies of reckless homicide in the deaths of Mariah Tomey, 21, her daughter Hadley Tomey, 1, and Kaylee Kirk, 19, all of Lebanon. Small told investigators he was talking on the phone with his wife and had just put down a coffee cup when his semi-tractor trailer hit eight vehicles. Fourteen people were injured in the crash, which occurred Jan. 5 on Interstate 65 near the Zionsville exit.
Boone County Prosecutor Kent Eastwood said the judge dismissed the charges in a Friday hearing, citing a lack of evidence to hold Small criminally liable. Petit ruled that the evidence did not show Small’s actions were a “substantial deviation from acceptable standards of conduct,” Eastwood’s statement on the matter reads.
“At this time, the Boone County Prosecutor’s Office is reviewing the Court’s order to determine what action, if any, should be taken next,” the statement said. “As part of that review, we will meet with investigators to determine if there is additional evidence not previously presented to court.”
Eastwood said his office could refile the case if it was able to produce additional evidence in support of the charges. He adds that Small and the trucking company should still be afforded the presumption of innocence until proven guilty.
Former Boone County Prosecutor Todd Meyer represented Small and said criminal case dismissals are rare.
“On behalf of my client, I can say that he is relieved by the court’s ruling, but the court’s dismissal of his criminal case does not dismiss the pain he feels in his heart for the families who lost their loved ones,” Meyer said in a written statement. “The court’s ruling was the right thing to do as the court followed the rule of law and dismissed the case because no crime had been committed.”
In his ruling, Petit called the wreck an accident “caused by the Defendant’s negligence but not criminal conduct.”
His client is devastated by the crash and struggles daily with the sadness, Meyer said.
“The location of where this accident occurred is extremely dangerous, and I am glad to see the State is finally taking remedial measures at this highway exit to ensure an accident like this doesn’t happen again,” Meyer wrote. “It should have taken such action years ago.”
The attorney representing the families of all three victims called the ruling “crazy.”
“This is a disaster,” said Vernon Petri, himselt a former prosecutor, said. “How could this have happened? Whether there’s enough evidence or not, the guy rear-ended these people. He didn’t keep his distance behind. That’s reckless driving.”
Petri said he would be filing a lawsuit on behalf of Kirk, Tomey and her daughter.
Petri said he was trying to determine how Small came to be in the truck that day and what companies were involved in the ownership of the truck. He said the company that leased the truck carried $1 million in insurance coverage.
“According to the federal government and the State of Indiana, if he killed 15 people out there, there’s only a million (dollars),” Petri said. “He hit 15 cars over there and people are injured and these people died. Some of them had spinal injuries.”
He added he would also be filing against the State of Indiana for maintaining a “death trap.”
According to the probable cause affidavit filed after the accident, Small did not try to stop. He struck the vehicle carrying the victims, pinned it against a guard rail. It caught on fire. After being arrested, Small wrote an apology to the families from the Boone County Jail.
“Keeping your vehicle under control and keeping a lookout ahead is a requirement for every driver,” Petri said. “That’s the law in Indiana.”
© 2024 Community Newspaper Holdings, Inc.