N.J. man charged in fatal crash
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By PATRICK McARDLE Herald Staff - Published: April 18, 2008
BENNINGTON — A New Jersey man could face up to 15 years in prison if convicted after being charged with a felony following an accident on Route 9 in Woodford on Wednesday that left two local men dead.
Jeffrey Lamore, 29, of Stamford, and Thomas Peterson, 31, of Readsboro, were killed after the pickup truck in which they were riding was crushed between the tractor-trailer driven by Kenneth A. Middlebusher, 42, of Deptford, N.J., and a guard rail.
Middlebusher pleaded innocent in Bennington District Court on Thursday to a charge of grossly negligent operation of a motor vehicle resulting in a fatality.
Bennington County State's Attorney Erica Marthage requested Middlebusher's bail be set at $50,000 because of the serious nature of the crime, Middlebusher's lack of ties to Vermont and the transitory nature of his job as a truck driver.
Judge Katherine Hayes granted the request although Middlebusher's attorney, public defender Lucy Joramo, said Middlebusher would not be able to raise the bail.
Police said Middlebusher tested negative for alcohol but said they learned he had been driving commercially for about 13 months and had never driven on Route 9 in Woodford before Wednesday.
In an affidavit, police said the accident happened around 1:40 p.m. on Wednesday.
According to Sgt. Michael Sorenson, Vermont State Police crash reconstruction team member, Middlebusher was driving west on Route 9 when the truck tipped over and collided with two vehicles coming east.
State Police Cpl. Gary Shuhart said when he arrived at the crash scene he saw a white 1997 Ford Escort station wagon wedged between the top of the truck and the guard rail and the pickup crushed between the truck and the guardrail.
The driver of the station wagon, Paul Beebe, 53, was taken by helicopter to Albany Medical Center Hospital where he was listed in critical condition on Thursday, according to police.
In his report, Shuhart noted the station wagon and pickup were already in the right lane and had nowhere to go because they were between the tractor trailer and the guardrails.
The speed limit on that section of Route 9 is 50 mph but Shuhart said there are several signs indicating the steep descent down Woodford Mountain and cautionary signs that instruct drivers to use lower gears.
According to Shuhart, Middlebusher told two State Police troopers that he didn't like to downshift while driving down hills and had his truck in ninth gear.
Middlebusher told police he was driving less than 40 mph at the time of the accident.
A witness who was driving behind Middlebusher told police the truck was driving about 55 to 60 mph and that it didn't slow down until it was into a curve.
The witness said he saw the pickup as "it exploded into pieces" and another witness described it as a "ball of flames."
Middlebusher told police he had picked up his load of eight rolls of paper, weighing about 43,000 pounds, in Brattleboro around 11:30 a.m. on Wednesday and was driving to Conklin, N.Y., when the load shifted and the truck fell over.
A State Police trooper who examined the tractor trailer said the load appeared to be unsecured in violation of federal regulations.
The New Jersey Department of Motor Vehicles reported that Middlebusher had his license suspended five times between 1996 and 1998, with four of the suspensions related to insurance issues.
The fifth was for failure to comply with a court installed order but the DMV did not have more information on the court order.
Since 1998, Middlebusher has not been involved in any accidents, or had any violations according to DMV records.
Marthage said after Middlebusher's arraignment that Vermont statute prevented her from being able to file more than one charge in the fatal accident because it was a single allegedly negligent act that resulted in both deaths.
The state's attorney's office had not had an opportunity to speak with the families of Lamore or Peterson by Thursday afternoon, according to Marthage.
Middlebusher did not speak during the arraignment or as he was being led from the courthouse by Bennington County sheriff's deputies.
His next court appearance is scheduled for June 18.
A spokesman at Iowa's Heartland Express, Middlebusher's employer, said the company did not have any comment.
Contact Patrick McArdle at patrick.mcardle@rutlandherald.com.
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