A recent truck accident in Kentucky with a tragic outcome is now centered on whether a criminal charge of murder is appropriate. Prosecuting attorneys say it is. The truck driver's legal counsel says that the facts surrounding the accident justify a lesser charge.

The crash occurred around 8:30 p.m. on July 8 near Hopkinsville, after the driver crested a hill at around 55 miles per hour and slammed into the horse-drawn buggy of an Amish family. A 3-year-ol girl died at the accident scene, and other family members suffered lesser injuries.

The police officer who investigated the crash scene stated his view that the driver's reaction to the crash was unusual. He stayed in his vehicle and, according to the officer, expressed emotion only when informed that he might face criminal charges.

Based on his belief that the driver was drugged on medication, the officer administered several sobriety tests, stating the trucker failed all of them.

Blood and urine samples were taken from the driver and sent to a state lab for testing, with the results still pending. A drug recognition expert for the state evaluated the driver following the crash and stated his view that the trucker was simultaneously under the influence of depressants and stimulants.

The murder charge was sought owing to the state's view that the driver's behavior demonstrated extreme disregard for human life.

His attorney disputes that, saying that a murder charge would be appropriate only if the driver had intentionally intended the collision. Evidence exists indicating that he swerved in an attempt to avoid it.

A grand jury is currently reviewing the case.

Related Resource: Kentucky New Era, "Driver in Amish buggy crash contests murder charge" July 20, 2011