Thursday, May 13, 2010

McCraw Press Release

News Release: Immediate
May 12, 2010

Lebanon, Boone County, Indiana – Prosecuting Attorney Todd J. Meyer announced today that
charges have been filed as a result of the drunk driving accident that killed one and seriously injured four others on May 8, 2010.

Joshua D. McCraw, age 21, of Lebanon, IN was charged in a ten count charging Information with having committed the following criminal acts:

Count I: Causing Death When Operating a Motor Vehicle with an Alcohol Concentration Equivalent (ACE) of .15 or More, which is a Class B Felony pursuant to I.C. 9-30-5-5(b)(1)(A)

Count II: Causing Death When Operating a Motor Vehicle While Intoxicated, which is a Class C Felony pursuant to I.C. 9-30-5-5(a)(3)

Count III: Reckless Homicide, which is a Class C Felony pursuant to I.C. 35-42-1-5

Count IV: Causing Serious Bodily Injury when Operating a Motor Vehicle with an ACE of .08 or More, which is a Class D Felony pursuant to I.C. 9-30-5-4(a)(1)

Count V: Causing Serious Bodily Injury when Operating a Motor Vehicle While Intoxicated, which is a Class D Felony pursuant to I.C. 9-30-5-4(a)(3)

Count VI: Causing Serious Bodily Injury when Operating a Motor Vehicle with an ACE of .08 or More, which is a Class D Felony pursuant to I.C. 9-30-5-4(a)(1)(A)

Count VII: Causing Serious Bodily Injury when Operating a Motor Vehicle While Intoxicated, which is a Class D Felony pursuant to I.C. 9-30-5-4(a)(3)

Count VIII: Criminal Mischief, which is a Class D Felony pursuant to I.C. 35-43-1-2(a)(1)(B)(i)

Count IX: Operating a Vehicle While Intoxicated Endangering a Person, which is a Class A Misdemeanor pursuant to I.C. 9-30-5-2(b)


Count X: Operating a Vehicle with an ACE of .15 or More, which is a Class A Misdemeanor pursuant to I.C. 9-30-5-1(b)

A copy of the charging Information is attached hereto.

According to the probable cause submitted in this case by the Boone County Sheriff’s Department, Joshua McCraw was traveling along County Road 900 East at a recklessly high rate of speed – estimated through accident reconstruction at at least 80 mph – when his car ran a stop sign and drove 300 feet off the road crashing into the home of William and Joanne Shoemaker at approximately 65 mph. Mr. and Mrs. Shoemaker were asleep at the time. Mr. Shoemaker sustained a broken arm and miraculously Mrs. Shoemaker escaped with only a few minor bruises and scratches. The accident however killed 21 year old Nikki LaBolle. Ms. LaBolle was the mother of a one year old child and the father of her child is that of the Defendant. “It just breaks my heart to know this child will go through life without her mother and will be faced with the constant reminder of her mother’s tragic death on a day in which she should otherwise be celebrating her own life and preparing to celebrate the life of the person who brought her into this world,” said prosecutor Todd Meyer. The accident took place on the child’s birthday and occurred the Saturday before Mother’s Day. Joshua McCraw’s blood alcohol level tested two times over the legal limit at .19.

If convicted on all counts the Defendant faces a maximum penalty of twenty seven years in prison and $90,000 in fines. Prosecutor Meyer went on to state: “the team of public safety officials who responded to this tragedy were teriffic and the police officers who have investigated this case and brought it to this office should be commended for their hard work and effort. Now that the case is on file with the Court this office will do everything it can to see that justice is done, that this Defendant gets convicted of these allegations and recieves a maximum penatly.”

The Defendant was released from the hospital today and was then arrested by the Boone County Sheriff’s Department. He is currently incarcerated at the Boone County Jail and will appear for an initial hearing on the charges before the Honorable Rebecca S. McClure, Judge of the Boone Superior Court II on May 13, 2010 at approximately 10:00 a.m..

This investigation is active and ongoing. The charging Information filed against the Defendant is an allegation only, and the defendant is presumed innocent unless and until proven guilty at trial or by guilty plea.

Tuesday, April 27, 2010

News Release: Immediate
April 27, 2010

Lebanon, Boone County, Indiana – Prosecuting Attorney Todd J. Meyer announced today that
charges have been filed as a result of an accident that seriously injured a construction worker within the interstate 65 construction work zone on March 25, 2010. Shanae Olson of Columbus, OH was charged with one count of Reckless Driving In A Highway Work Zone, as a Class A Misdemeanor. According to an Indiana State Police Accident Report, Olson was traveling in the right lane on interstate 65 near the 131 mile marker when her vehicle traveled across the left lane and into the median striking a construction worker head on. According to the report, Olson had an unrestrained dog in the vehicle at the time of the accident and told officers, in response to their question as to how fast she was going, that she was traveling the speed limit, and when asked what the speed limit was, she responded by saying it was 65 miles per hour. The speed limit within the work zone was 55 miles per hour at the time of the accident.

“I can’t say enough how important it is that everyone follow the speed limit restrictions in these work zones.” said Prosecuting Attorney Todd J. Meyer.

Prosecutor Meyer further stated that “Even at reduced speeds it is still incredibly dangerous for these construction workers and others on the roadway, but when you get a driver exceeding the posted speed limit the danger increases exponentially. You know – I travel interstate 65 frequently and it’s amazing I haven’t yet been rear-ended by someone. For those of us who live around here, I know it’s going to be difficult to adjust to this – it’s been difficult for me to travel 45MPH along this stretch of road that I’m used to travelling at 65 or 70MPH – but we’re all going to have to make the adjustment for the safety of human lives.”

The Defendant Shanae Olson faces a maximum penalty of one (1) year in prison and $5,000 in fines for the A Misdemeanor charge. Prosecutor Meyer went on to inform the public by further commenting that: “had there been additional evidence of increased speed or other eradic driving this charge could have very easily risen to the level of a Class D Felony; and had the construction worker been killed Ms. Olson could be facing a Class C Felony – those crimes each carrying a maximum fine of $10,000 and a maximum prison sentence of three (3) years and eight (8) years respectively.” Lastly, Prosecutor Meyer went on to state: “The public should be aware that given the safety concerns for all involved in these construction zones and given the length in which Boone County will be impacted by these construction zones, Judge McClure (Superior Court II
has jurisdiction over these speeding tickets) has advised my office that she is currently developing a fine schedule to systematically address speeding in a construction zone and it will be a fine that increases as recorded speed increases. However, in general terms the public should be aware that the graduated fine for speeding tickets issued in a construction work zone starts at $300 and increases from there, depending on speed, to a maximum of $1,000. Thus, as one can see - buying a few extra seconds by speeding through a work zone can be a pretty expensive proposition.”

The Defendant has been summonsed to appear for an initial hearing on the charge before the Honorable Rebecca S. McClure, Judge of the Boone Superior Court II on May 24, 2010 at 2:00 p.m.

This investigation is active and ongoing. The charging Information filed against the Defendant is an allegation only, and the defendant is presumed innocent unless and until proven guilty at trial or by guilty plea.