Judge refuses to dismiss felony charge in May accident that injured N.D. man

WILLMAR - A judge this week denied a motion to dismiss the felony charge against the driver of a tractor-trailer involved in a May traffic accident that severely injured a passenger in the other vehicle.
Michael Anthony Smith, 37, of Melrose, filed a motion Sept. 25 to dismiss for lack of probable cause the charge of felony criminal vehicular operation - operate a motor vehicle in a grossly negligent manner, arguing that the state does not have enough evidence to constitute the charge.
Smith also faces a charge of misdemeanor careless driving resulting from the accident and did not challenge that charge.
He first appeared in court on July 29, and another hearing was conducted Sept. 18. No other court dates have yet been set.
Smith was the driver of a tractor-trailer that crashed into a pickup truck May 31 on U.S. Highway 71 near Kandiyohi County Road 29. The criminal complaint states that Casey Jenny, 25, of New London was stopped or nearly stopped in his pickup, waiting to make a left turn, when Smith’s semi struck his pickup. Jenny’s passenger, Matthew Moen, 24, of Reynolds, N.D., suffered a broken neck and back in the impact.
The motion for dismissal argues that Smith was not driving with gross negligence and states that Smith saw the pickup positioned to make a left turn, intended to use the bypass lane to go around Jenny’s vehicle but was unable to do so.
“It is unfortunate that defendant’s careless driving resulted in injury to a passenger in the Jenny vehicle, but the injury does not constitute gross negligence and should not be considered by the court in its determination of whether probable cause exists for a finding of gross negligence,” the defendant’s motion states.
Judge Jennifer Fischer denied the motion in an order issued Monday. She ruled that there is sufficient evidence to establish probable cause to believe Smith was grossly negligent at the time of accident.
According to a portion of Fischer’s omnibus order, Smith originally told a state trooper that he attempted to use the bypass lane, but his tires fell off the tarred portion of U.S. Highway 71 and he was forced to correct his vehicle.
The omnibus order stated that evidence collected by the state trooper at the accident scene contradicts Smith’s story. Smith allegedly later told the trooper that the “crown” of the road interfered with his ability to avoid the collision.