DA: No charges to be filed in fatal accident with military vehic - WSPA.com

DA: No charges to be filed in fatal accident with military vehicle

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No charges will be filed in an April accident with a military vehicle which claimed the life of a driver in Newport.

District Attorney Scott Thomas said Tuesday that no motor vehicle violations occurred in the incident.

After a full review of evidence, no criminal charges will be filed against LCpl. Joshua Lowery. Lowery was operating a 2002 Oshkosh MK27 military truck and trailer and making a lawful left turn on US Hwy 70 to travel westbound.

That’s when the driver of a 2005 Saturn, Christian Javier Garcia, collided with the  truck while it was making the turn.

Heavy rain combined with nighttime conditions produced reduced visibility at the time of the accident.

“While this was a tragic accident that claimed the life of CHRISTIAN GARCIA no clear illegal traffic violation can be determined for either driver based upon the evidence. We have met with the GARCIA family and explained our findings and investigation to them. We extended our thoughts and prayers to all parties involved in this tragic incident,” said Newport Police Chief Jeff Clark.

Additionally, District Attorney Scott Thomas said, “Newport Police Department officers conducted a thorough investigation of this collision. Based upon the investigation findings, we have determined that no violation of law occurred. Therefore no criminal charges will be filed in this case.”

--- Original Story ---

One person is dead after a military vehicle collides with a civilian's car in Carteret County.

It happened in the Town of Newport just before 8:30 Monday night along US 70 and East Chatham Street.
Newport Police Chief Jeff Clark says the driver of the military truck, Joshua Lowery, was in the process of making a U-turn, but couldn't complete it and took up the westbound lanes of the road.
Lowery then began to back up the truck and trailer when a car, driven by 20-year-old Christian Javier Garcia, ran under the truck. Garcia died at the scene.
Newport police are working with military base officials, and the district attorney's office to determine if charges will be filed against Lowery.
The weather conditions were very heavy rain at the time of the crash.

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