A 50-year-old Truman man charged in the pedestrian death of a 77-year-old Winnebago man has hired an attorney.
Jason Wayne Nickerson has pleaded not guilty to one count of careless driving, a misdemeanor charge that carries a maximum penalty of 90 days in jail and a $1,000 fine.
Nickerson has retained Minneapolis attorney Robert Foley and a pre-trial has been scheduled for Feb. 4, according to court records.
Fairmont police officers responded to a motor vehicle accident involving a pedestrian at the Fareway Foods grocery store parking lot around 8:30 p.m. on Aug. 24, according to a criminal complaint filed in Martin County District Court.
When an officer arrived on the scene, says the complaint, he saw Larrie Lee Gray lying on the payment and the truck that struck him was nearby.
Nickerson told authorities he was driving toward the store’s entrance and was making a left turn but did not see Gray when he struck him.
Authorities also were able to interview two woman who reportedly witnessed the accident and verified Nickerson’s account of what happened.
Nickerson did admit drinking one alcoholic drink earlier in the evening. But, a preliminary breath test showed 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.
According to authorities, Gray was walking toward the entrance of the store where there is no marked pedestrian crossing.
Surveillance video obtained shows that Nickerson was reducing the speed of his truck while approaching the store’s entrance before turning and striking Gray, says the complaint.
Gray was air-lifted to a medical facility in Rochester where he later passed away.