BOONE COUNTY, Ind. — A Boone County judge dismissed three reckless homicide charges against semi driver Matthew Small in a January crash that killed three people in Boone County.
Small had tried to get the charges dismissed claiming his actions the day of the crash did not warrant the charges against him.
Small had told police he was using a headset to talk to his wife and was setting down his coffee after taking a sip when he saw traffic had stopped. He had been traveling from West Virginia to Minnesota and carrying a trailer with 75,000 pounds of paper. Small said he realized he would not be able to stop in time and needed to get to the shoulder. The next thing he remembers is someone banging on his window, asking for his fire extinguisher and telling him to get out of the truck.
The crash claimed the lives of 21-year-old Mariah Tomey, 19-year-old Kaylee Kirk and 1-year-old Hadley Tomey.
Small gave a handwritten note to the sheriff to share with the media back in January reading: "My heart and prayers are with the families. I am in agony over this whole ordeal."
Small worked for an Iowa-based trucking company called VL Trucking, Inc. The company released a statement to 13News in January reading: "Our prayers and deepest condolences go to everyone involved in this tragic incident. We are now working closely with authorities to help them complete full investigation."
It is not clear if Small and the company face any civil actions related to the crash.
