A Truman man is being prosecuted for the pedestrian death of a 77-year-old Winnebago man last month in Fairmont.
Martin County Attorney’s Office is charging 49-year-old Jason Wayne Nickerson with one count of careless driving.
“I did not believe there were facts to warrant the more serious charge of criminal vehicular homicide,” says Taylor McGowan, Martin County Attorney.
The misdemeanor charge carries a maximum penalty of 90 days in jail and a $1,000 fine.
According to a criminal complaint filed Martin County District Court, Fairmont police officers responded to a motor vehicle accident involving a pedestrian at the Fareway grocery store parking lot around 8:30 p.m. on Aug. 24.
When Sgt. Chad Sanow arrived on the scene he saw Larrie Lee Gray lying on the pavement and the truck that struck him was nearby.
When interviewed, Nickerson says he was driving toward the entrance of the store and was making a left turn, but did not see Gray when he hit him.
Authorities also were able to interview two woman who witnessed the accident and verified Nickerson’s account of what happened.
Nickserson admitted he had one alcoholic drink earlier in the evening. But, a preliminary breath test indicated his blood-alcohol content level of .037 was below the legal limit of .08.
The complaint says officers did not observe any signs of impairment from Nickerson.
Surveillance video obtained shows that Nickerson was slowing his vehicle down while approaching the grocery store’s before turning and striking Gray, says the complaint.
According to authorities, Gray was walking toward the entrance where there is no marked pedestrian crossing.
Gray was air-lifted to a medical facility in Rochester where he later passed away.
Nickerson’s next court appearance is an arraignment hearing scheduled on Oct. 8 in Martin County District Court before Judge Michael Trushenski.