Grand jury doesn't indict parade float driver

A Midland County grand jury on Wednesday did not indict the driver of a parade float involved in the Nov. 15 train wreck that killed four military veterans.

The grand jury has not concluded its review of the incident, but it returned a no bill regarding Dale Hayden, a Smith Industries-employed truck driver, according to District Attorney Teresa Clingman.

?The grand jury will continue its work at its next meeting three weeks from now,? she said in a press release.

Eric Kalenak, assistant district attorney, presented the case to the grand jury. He said the driver did not testify, but the information that was presented may have included a Midland Police Department interview with Hayden.

An email dated Nov. 19, which was received by the Reporter-Telegram in a Texas Public Information Act open records request to the city, states ?The driver has been interviewed by the MPD and will also be interviewed by the NTSB.?

But according to a previous report, city officials said they could not confirm nor deny that police had spoken to Hayden.

City officials are not commenting on the case at this time, pending civil litigation, said Sara Higgins, city spokeswoman.

As of Wednesday, there are two known civil lawsuits: one by six families represented by attorneys Kevin Glasheen and Bob Pottroff against Union Pacific and Smith Industries, and another by one family represented by attorney Charla Aldous against the same defendants. Neither of these lawsuits lists the city of Midland as defendant.

Glasheen said he now represents Shane and Margaret Ladner, a couple who was onboard the parade float. He also represents the wife and children of Josh Michaels, one of the veterans who died.

Glasheen said his clients sent a letter to the District Attorney?s Office asking that Hayden not be indicted. Glasheen said he did not know if that letter was presented Wednesday.

Ross Bush, district clerk, said the newly impaneled grand jury was not a special jury for this case and that it was presented just like any other case, despite its high profile.

?There is privileged information in the grand jury room,?? Bush said. ?The privilege that I get out of it is if it is a true bill or no bill.?

Bush said the criminal case against Hayden is completed, but civil lawsuits are pending, which could be why the grand jury has not concluded its review.

In a new development to the civil suit from Glasheen and Pottroff against Union Pacific and Smith Industries, Glasheen said Union Pacific has filed a claim against Smith Industries, and the claim is now contained within his and Pottroff?s lawsuit.

Raquel Espinoza-Williams, spokeswoman for Union Pacific, confirmed the claim via email but did not comment regarding the grand jury?s decision.

?While the National Transportation Safety Board has found the truck proceeded onto the tracks eight seconds after the bells and red flashing lights activated, it would not be appropriate for us to comment on the grand jury?s decision,? Espinoza-Williams said.

After hearing about the decision, Glasheen said he and his colleague still maintain the primary cause of the crash was the short warning signals.

Hayden?s attorney, Hal Brockett, said his client is aware of the grand jury?s decision but was not available for an interview, pending a conference with the lawyers who represent Smith Industries in the civil lawsuits.

?It?s their decision to make,? Brockett said in reference to Smith Industries allowing Hayden to be interviewed by the Reporter-Telegram. ?But I wouldn?t hold my breath.?

Peter Knudson, spokesman for the NTSB, said via email that investigators have not yet interviewed Hayden and will be requesting the information that the driver provided to the police following the crash.

Brockett said the NTSB has not yet interviewed Hayden because of the driver?s mental and emotional state.

As for Hayden?s current state, Brockett said he is doing better than before.

?Nothing can be undone,? Brockett said. ?My client?s life can never be the same again.?

Source: http://www.mywesttexas.com/top_stories/article_c61d9536-5ae9-11e2-a0fb-001a4bcf887a.html

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