Attorneys for a Fremont man charged in a deadly concrete truck crash in LaVista last fall have asked a Sarpy County judge to reduce the charges.
Austin Holloway was behind the wheel of the truck when it tipped over and crushed a car at 120th and Giles in late October. Michael Dearden and Phil Hertel, who were waiting for the traffic light, both died.
Holloway is charged reckless driving resulting in felony motor vehicle homicide. His attorneys are asking for careless driving motor vehicle homicide, which is a misdemeanor.
The state argued police collected several witness statements saying they knew something bad was going to happen because Holloway was going too fast. "She noticed that the vehicle was going at a high rate of speed, too fast for the turn,” said Officer Nicholas Jeanette.
Holloway's attorney, Sean Conway, doesn't agree. He said data pulled from the GPS just doesn't make speed a factor.
Conway as Jeanette "do you believe it's possible for a truck to travel up to 25 mph in one second from 0 mph?" Jeanette responded "No, I do not."
Holloway's attorney argued witness statements are inconsistent. He said, "We don't have a testimony of the witnesses about a specific speed up until today. Before then, they never gave an approximation of speed until Officer Jeanette spoke with them today."
Both sides argue the concrete truck was too heavy when Holloway took the turn at 120th and Giles. The state says it's Holloway's fault. The defense blames the company who owns the truck.
The judge is expected to announce his decision on March 15th.