In their criminal trial both men involved in the deadly crash were found guilty of aggravated involuntary manslaughter and driving under the influence in the fatal wreck, and sentenced them to each serve 2½ years in prison.
The wreck occurred just after midnight on when a construction supervisor was using a tractor in the blocked-off right lane to fill a ditch with asphalt. The left lane was open to traffic. Because the tractor sometimes had to back into the left lane, a flagman was assigned to periodically stop traffic. According to testimony, one of the drunk driver's Hummer H3 drove past the flagman and struck a blade mounted on the rear of the tractor. The other drunk driver slammed into the back of the Hummer, which in turn slammed into a nearby dump truck, striking the decedent and cutting him nearly in half.
Evidence revealed that the two drunk drivers had been together at a bar about half an hour before the crash. Police said that one had a blood-alcohol content of 0.19 percent. The other driver refused to take a breath test but failed a field sobriety check.