A judge this afternoon convicted two Roanoke County residents of driving under the influence and certified involuntary manslaughter charges to a grand jury in connection with a February chain reaction crash that killed a construction worker near Tanglewood Mall.

Tracie Nininger, 42, and Jeffrey Dupree, 32, were both tried and convicted of driving under the influence. Dupree was also convicted of refusing to take a breath test. Both received 12 months in jail and a $2,500 fine for driving under the influence. Dupree also received an additional 12 months for his refusal to take the breath test. Both immediately appealed their convictions and remain free on bond.

Judge Vincent Lilley of the Roanoke County General District Court found that the evidence in the case was sufficient to allow the involuntary manslaughter charges to be considered by a grand jury on June 6. An involuntary manslaughter charge carries a punishment of up to 10 years in prison.

The incident occurred as Nininger and Dupree traveled in separate vehicles north on Electric Road. Nininger was driving a Hummer H3 when the vehicle struck a backhoe behind a dump truck in a construction zone, police have said.

Almost simultaneously, Dupree struck the rear of the Hummer as he followed in a Chevrolet Avalanche.

The driver of the dump truck Richard Slone, 46, was hit and killed when the vehicles collided.

Before the judge certified the felony charge to the grand jury, Dupree’s lawyer, Richard Lawrence, argued that no evidence had been presented that his client was responsible for Slone’s death.