WARREN - Court papers say a truck driver who is accused of causing a fatal accident March 31 that killed three U.S. Marine recruits had levels of an anti-anxiety drug in his system and was also fired after testing positive for marijuana about a week after the accident.
The driver, 44-year-old Donald Williams, was to have a hearing Wednesday before Trumbull County Common Pleas Court Judge W. Wyatt McKay to have his bond reduced from $250,000 but McKay recused himself from the case because he knows the family of one of the victims, said Assistant Prosecutor Michael Barnette.
Williams, who was indicted Friday on three counts of aggravated vehicular homicide and aggravated vehicular assault, will remain in the Trumbull County Jail until at least Tuesday, when he will have a hearing on a request for lower bond before Judge Andrew Logan, who has now been assigned to the case. He has been in the jail since his arraignment Monday.
His attorney, J. Gerald Ingram, declined comment, as did family members of the three victims, who packed the courtroom.
A group of Marine recruits were driving to Cleveland to sign enlistment papers when the car they were riding in was rammed from behind by a semi at the intersection of state Route 5 and Burnett Road in Warren Township.
Killed were Joshua Sherbourne, 21, of Southington, Zach Nolen, 19, of Newton Falls and Michael Theodore, 19, of Howland. Injured in the accident was fellow recruit 18-year-old Carl McDermott of Masury.
Also injured was another recruit, 18-year-old Carl McDermott of Brookfield, as well as the driver of the car, Marine Sgt. Charles Keene, 25. A third person was also injured.
In a motion Barnette filed Wednesday to support the high bond, he stated that tests showed that Williams had levels of the drugs Diazepam and N-Desmethyldiazepam, which is used to treat anxiety, muscle spasms and seizures and to control agitation associated with withdrawl of alcohol. He is not accused of being under the influence of those drugs but they were in his system at the time of the accident.
Barnett's motion also said that Williams has three previous drunken driving convictions in 2000, 1993 and 1987, was convicted of selling alcohol to minors and contributing the delinquency of minors in 2000 and was arrested for falsificatuon in 2001 as well as a felony drug offense in 1989 in which he served prison time.
Williams also liked to his employer at the time, Strimbu Trucking, about his criminal background and was fired by Strimbu April 7 after a drug test showed levels of marijuana in his system. Barnette said the test was administered after the accident.
An accident report from the Ohio State Highway Patrol states that Williams told troopers after the accident he had not taken medication that day and that Williams told them he may have blacked out just before the accident.
''The defendant's actions caused a collision with seven different motor vehicles and caused serious physical harm to three additional persons,'' the motion states. ''It is nothing short of a miracle, given the severity of the crash that no one else was killed.''
