Truck Driving Jobs

Dawn · #1 11-06-2006, 03:42 AM

Truck Driver Arrested in Taylor University Crash

Sep 1, 2006 05:45 PM EDT

Robert Spencer

James Luttrull, Grant County Prosecutor

April, 2006

April, 2006

By Mary McDermott
News 8 @ 5:00

A Michigan truck driver is in custody facing charges for the crash that killed five people from Taylor University. Authorities in Michigan arrested Robert Spencer Friday afternoon at his home.

In April he was driving the truck that crossed the median on I-69 and crashed into a van carrying nine people. The collision killed four Taylor University students and one employee of the school. It seriously hurt the four others in the van.

Friday Grant County Prosecutor James Luttrull announced five charges of reckless homicide and four criminal recklessness charges.

"I believe the charges that we brought are serious charges and I believe because of the facts that we've uncovered, I believe that these are appropriate and justified charges," said Luttrull.

Court documents say Robert Spencer completed a false log book both the day before and the day of the accident. Those documents say he drove more hours each of those days than allowed by federal law. And the documents suggest Spencer was using his cell phone when the accident occurred.

"A disregard of harm is really the key phrase in the recklessness charge. A disregard of harm that was consciously and unjustifiably done and a substantial deviation from acceptable standards of conduct," explained Luttrull.

The announcement of the charges comes at the end of the first week of the new school year at Taylor University. Students say the legal process has very little to do with their healing process.

"The legal proceedings are kind of the responsibility of the legal officials," said Philip Byers,Taylor University Student.

"There's not this personal desire to see someone else have to suffer even more, but just to have closure," said Taylor University student Katie Lehman.

Luttrull plans to bring Spencer from Michigan to Indiana. If he's convicted, Spencer could face two to eight years in prison on each charge he's facing, along with thousands of dollars in fines.

The first focus is "FALSE LOGS"

Dawn · #2 11-06-2006, 03:51 AM

REV: My company actually had about the same case happen as well and he is in PRISON for falsifying his logs for "LIFE" If he wouldn't have been running illegal "he would not have been there to kill the 3 people he killed"

If you run legal you have a much better chance in staying "FREE"

Know the DOT REGS and you should not have to run illegal! You can make good money running legal! You can't get "RICH" Like we all want to be, but you can make the same money!

Use "Driversdailylog.com" It helps with all the math issue's and HOS issues!
Ask me more I will tell you, If I can't tell you I will get the answer for you! If it is possible that is! NO I can't tell you how to cheat!!!!!!!!!!!!!
NICE TRY TRUCKER!

kc0iv · #3 11-06-2006, 04:14 PM

Dawn
I guess you just missed the charges. Let me refresh your memory.

Quote:

Friday Grant County Prosecutor James Luttrull announced five charges of reckless homicide and four criminal recklessness charges.
emphasis added.

Where does it say it was because he "FALSE LOGS"? From the article It says the driver had returned to his home.

And in another post you said: he was put in handcuffs. My question is where did you get this info?

One more point. There were 5 people killed not 3 as you stated in your next post. Plus, "seriously hurt the four others in the van".

kc0iv

Dawn · #4 11-06-2006, 11:54 PM

Paragraph #1
A Michigan truck driver is in custody facing charges for the crash that killed five people from Taylor University. Authorities in Michigan arrested Robert Spencer Friday afternoon at his home.

Paragraph # 2
Court documents say Robert Spencer completed a false log book both the day before and the day of the accident. Those documents say he drove more hours each of those days than allowed by federal law. And the documents suggest Spencer was using his cell phone when the accident occurred

Here is a link to the one showing the driver in handcuffs (classadrivers wouldn't take the picture in the message)
And another one and if you really want to read all the articles on it "search "Taylor University Truck driver" and please view them all if you would like.

Rev.Vassago · #5 11-07-2006, 01:02 AM

Quote:

Originally Posted by Dawn

Paragraph #1
A Michigan truck driver is in custody facing charges for the crash that killed five people from Taylor University. Authorities in Michigan arrested Robert Spencer Friday afternoon at his home.

Paragraph # 2
Court documents say Robert Spencer completed a false log book both the day before and the day of the accident. Those documents say he drove more hours each of those days than allowed by federal law. And the documents suggest Spencer was using his cell phone when the accident occurred

Here is a link to the one showing the driver in handcuffs (classadrivers wouldn't take the picture in the message)
And another one and if you really want to read all the articles on it "search "Taylor University Truck driver" and please view them all if you would like.

Is he facing charges of falsifying logs? After all, if that is what they arrested him for, then that would be what they charged him with.

Suffice to say - I bet they charge him with vehicular manslaughter, as that is a CRIMINAL offense. Falsifying Logs is not. :roll:

kc0iv · #6 11-07-2006, 02:24 AM

Quote:

Originally Posted by Dawn

Picture show Robert Spencer in handcuffs was after he was returned to IN after he waived extradition in Michigan.
http://taylor-university-news.newsli...story/8566-44/

Per the http://taylor-university-news.newsli...story/8566-46/ website I reports Spencer was charged with five counts of reckless homicide a class C felony and four counts of criminal recklessness resulting in serious bodily injury, also a Class C felony.

As a side note. I be concerned with the County Cornoner. Quoting from the http://www.atlantainjurylawblog.com/...a-kills-5.html "The thing I would like to know is how did Ron Mowery got the position of County Coroner. If memory serves, when he was mayor it was discovered that he didn't even have a high school diploma and had trouble getting a GED."

Anyway, I guess we will have to wait till Jan. to find out the results of this case. What has been shown is he was NOT charged will false logs at least I couldn't find such a charge. Along this same line. ISP let him go at the time of the accident and I suppect the check his logs at the time. It appears it was after their investigation they determined the problem with his logs.

kc0iv

Dawn · #7 11-07-2006, 02:38 AM

(news article info) He's accused of lying about how many hours he'd been driving the day before and after the crash

That was in the first link dear! False logs can get you the charge of Wreckless homicide!
And after an accident like this, the FEDERAL AGENTS tend to do a complete DOT audit of the company and they like found proof the driver did in deed falsify his logs or they wouldn't bring it up and embarrass their selves! TRUST ME ON THAT ONE!

(again 2nd link and funny only thing mentioned is false logs & cell phone, that part of indiana it is illegal to use a cell phone while driving" According to the press release, Spencer had been talking on a cell phone at the time of the crash and had been driving at least nine hours more than is allowed by Federal Motor Carrier Safety Regulations

So I guess you really do not know EVERYTHING HUH? I gues you don't understand my driver got LIFE IN PRISON! And the sole base of the accident was around his false logs to prove it. You break the FEDERAL LAW and you will pay! :lol:

Rev.Vassago · #8 11-07-2006, 03:53 AM

Quote:

Originally Posted by Dawn

False logs can get you the charge of Wreckless homicide!

No, hitting another vehicle and killing people can get you a charge of reckless homicide. If it were the logs that did it, then you would NEVER see someone charged with reckless homicide UNLESS they had been running illegally.

Quote:

And after an accident like this, the FEDERAL AGENTS tend to do a complete DOT audit of the company and they like found proof the driver did in deed falsify his logs or they wouldn't bring it up and embarrass their selves! TRUST ME ON THAT ONE!

And you can TRUST ME ON THIS ONE - I'm sure that the driver would ALREADY BE IN JAIL before they even found the false logs, even if everything looked kosher at the time of the accident.

Quote:

So I guess you really do not know EVERYTHING HUH? I gues you don't understand my driver got LIFE IN PRISON! And the sole base of the accident was around his false logs to prove it. You break the FEDERAL LAW and you will pay! :lol:

He would still be in prison had his logs been in compliance.

kc0iv · #9 11-07-2006, 02:05 PM

[quote="Dawn"][quote]False logs can get you the charge of Wreckless homicide!/

Quote:

As can CLEARLY seem below:

Quote:

a Class C felony:
(A) if it is committed by shooting a firearm from a vehicle into
an inhabited dwelling or other building or place where people
are likely to gather; or
(B) if:
(i) the conduct constituting the offense includes the use
of a vehicle;
(ii) the individual committing the offense disobeys an
official traffic control device; and
(iii) the offense results in death.
(d) (e) A person who recklessly, knowingly, or intentionally:
(1) inflicts serious bodily injury on another person; or
(2) performs hazing that results in serious bodily injury to a
person;

http://www.in.gov/legislative/bills/...N/IN1771.1.pdf

Recklessness defined:
From http://en.wikipedia.org/wiki/Recklessness_(criminal)

Quote:

The most culpable mens rea elements will have both foresight and desire on a subjective basis. Recklessness usually arises when an accused is actually aware of the potentially adverse consequences to the planned actions, but has gone ahead anyway, exposing a particular individual or unknown victim to the risk of suffering the foreseen harm but not actually desiring that the victim be hurt. The accused is a social danger because he or she is gambling with the safety of others and the fact that the accused might have taken some steps to try to avoid the injury from occurring is relevant only to mitigate the sentence. Note that gross criminal negligence represents such a serious failure to foresee that in any other person, it would have been recklessness. Hence, the alternative phrase "wilful blindness" acknowledges the link representing either that the accused deliberately engineered a situation in which he or she was ignorant of material facts, or that the failure to foresee represented such a danger to others that it must be treated as though it was reckless.

You really seem to have a problem reading or not understanding what you read. Others and I have shown you what the driver was charged with.

Now thats go through 1 step at a time.

1.

Quote:

Grant County prosecutor James D. Luttrull Jr., who was not available for comment Tuesday, announced in a Sept. 1 news conference that he was authorizing the criminal charges against Spencer after reviewing the crash report which had been submitted to him by the Indiana State Police.

2.

Quote:

Spencer pleaded not guilty to five counts of reckless homicide, a Class C felony, and four counts of criminal recklessness resulting in serious bodily injury, also a Class C felony. The sentence in a Class C felony conviction in Indiana is a minimum of two-years and a maximum of eight-years in prison, with a possible fine of up to $10,000.

No where does the article(s) say HE WAS CHARGED WITH FALSIFYING LOGS. What it does say is: "He's accused of lying about how many hours he'd been driving the day before and after the crash." Big difference.

Will the prosecutor use this information during trial? Most likely.

The driver may well have already been cited for improper logs none of the articles I have seen says if he was or not.

Or the articles do not list ALL the charges brought against the driver.
Which may very well be the case. The news media is known for NOT getting all the facts.

My point is you seem to be one that operates on emotions rather that facts. Then when the facts are shown you don't want to accept them. The best example was your defined understanding Vs REV in the thread http://www.classadrivers.com/phpBB2/...ic.php?t=22020 You just seem to grasp the difference. Again I think your emotions are getting in the way.

As for the DAWN I've got a friend who's name is Dawn and he's a 6'3" 280 lb. man. Since the majority of people in this forum are men I think I made a honest mistake.

On matter You still give out FALSE information and it needs to be corrected.

kc0iv

yoopr · #10 11-07-2006, 05:01 PM

False logs can get you the charge of Wreckless homicide

Wrong-They Won't get you the Charge of "Wreckless Homicide" but if they're proven to be false they'd be used as Evidence.