FRANKLIN, Ind. (The Daily Journal) — A man is facing two felony charges after a fatal head-on accident late last year that killed a Trafalgar man.
Devin D. Fleener, 21, of Martinsville, was charged with reckless homicide and causing death while operating a vehicle with a blood alcohol content of 0.08 or higher.
The accident happened just after 2 p.m. Dec. 9 on State Road 252 near Martinsville. Witnesses told police that Fleener came around a curve, overcorrected and crossed the center line, striking another vehicle head-on. Before the crash, one witness told police Fleener’s car had been swerving, causing the other driver to slow down and back off from Fleener, the report said.
The crash killed Tommy Law, 47, of Trafalgar, who was driving the other vehicle that was struck, according to police reports.
After the crash, investigators found a bottle of alcohol near Fleener, who had been ejected from his vehicle, the report said.
Fleener was seriously injured in the crash and was flown to Indiana University Health Methodist Hospital by medical helicopter. Investigators got a warrant and went to the hospital to collect a blood sample from Fleener while he was in surgery just after 5 p.m., according to the report.
Lab tests showed Fleener’s blood-alcohol content at the time of the blood draw was 0.13, above 0.08, which is considered to be too intoxicated to drive.
Investigators also looked at the computers inside both vehicles and found Fleener was traveling at about 70 mph around the time of the accident and was not wearing a seat belt. Law was traveling at 54 mph and was wearing a seat belt, the report said.
Law sustained multiple injuries in the crash, including rib and pelvic fractures and multiple internal wounds. An autopsy showed he died of blunt force trauma to his abdomen and chest, the report said. Lab tests done after his death showed no substances in his system, the report said.
Fleener also was seriously injured and required rehabilitation, the report said.
The two felony charges were filed last month in Morgan County, and Fleener is set to appear in court later this month. If convicted of both charges, he could face up to 12 years in prison.