ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, October 18, 1994                   TAG: 9410180122
SECTION: VIRGINIA                    PAGE: C-1   EDITION: METRO 
SOURCE: KATHY LOAN STAFF WRITER
DATELINE: CHRISTIANSBURG                                LENGTH: Medium


JUDGE RULES ON WRECK

An involuntary manslaughter charge against a Florida man whose tractor-trailer struck a Radford tow-truck driver at an Interstate 81 rest area has been sent to a Montgomery County grand jury.

Kathy Jones Williams, 36, was killed Aug. 16 when the tow truck she was driving burst into flames at the Ironto rest area after being crushed between two tractor-trailers that entered a cars-only lane.

Melvin Vargas was driving the tractor-trailer that rear-ended the tow truck. Williams had stopped her truck behind a rig driven by Jose Estrella. Both men were driving trucks owned by Dynamic Express, a New Jersey trucking company. Seconds later, Vargas followed Estrella's truck into the rest area and could not stop before hitting Williams.

Vargas, 22, of Hialeah, Fla., pleaded not guilty.

His lawyer, Chris Tuck of Blacksburg, had hoped to have the charge reduced to reckless driving, a misdemeanor.

But General District Judge T.D. Frith ruled there was enough evidence to warrant sending the case to a Montgomery County grand jury to decide whether Vargas should stand trial in Circuit Court.

State Trooper A.C. Henderson testified Monday that Vargas told him, with Estrella interpreting his Spanish, that he was driving 35 to 40 mph when he struck Williams' truck. The posted speed limit for the rest area is 25 mph.

Vargas, who had been a licensed commercial driver for two weeks before the crash, told Henderson that he was looking to the right and not paying attention to what was in front of him. He, like Estrella, did not see the sign directing truck traffic to another part of the rest area.

The trooper testified Vargas said his brakes failed to work properly when he did react. Tests conducted by the state police showed the 10 brakes were in working order, according to testimony by another trooper Monday, although two of the brakes had a slight adjustment problem.

Estrella, 31, of Brooklyn, N.Y., was found guilty Monday of improper driving and was fined $100.

He originally faced the more serious charge of reckless driving.

Estrella told Henderson he came to a complete stop after realizing he had missed the lane for truck traffic at the rest area.

He said he tried to warn Vargas against doing the same thing by calling for him on his CB radio, but was unable to reach him in time, Henderson testified.

Williams was a divorced mother with two children, ages 6 and 8. She was the owner-operator of East Side Chevron, a Norwood Street service station.

First National Bank of Christiansburg, as administrator of her estate, has filed a $25 million civil suit against Vargas, Estrella and Dynamic Express.

Keywords:
FATALITY



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