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Saturday, August 30, 2008

Firefighter not charged in accident

The Botetourt County volunteer was driving a fire engine that was involved in a crash that left two people dead.

A Botetourt County volunteer firefighter will not be charged in a wreck that killed two people in May, Commonwealth's Attorney Joel Branscom said Friday.

Firefighter Lucas McCulloch, 27, of Eagle Rock was driving a fire engine to a wreck north of town on May 26.

McCulloch was northbound on U.S. 220 when the fire engine crossed the center line just south of Kelley's Market, hitting a southbound pickup truck head-on.

The driver of the pickup truck, Russell Meadows, 44, of Covington and his passenger, Judi Clark Martin, 46, of Clifton Forge died at the scene. They had been wearing seat belts, police said.

Branscom told Martin's family on Thursday that McCulloch, a volunteer with the Eagle Rock Fire Department, would not be charged.

Emma Martin, Judi Martin's mother-in-law, said the family is disappointed with Branscom's decision.

"It leaves a very bad taste in everybody's mouth," Emma Martin said. "It's just not right."

Branscom said in the news release that he is "certain the accident will result in civil proceedings."

Emma Martin confirmed that the family has hired an attorney, but she would not say whom.

The Virginia State Police's investigation into the crash revealed that a combination of inappropriate braking, speed and the downward curve in the road caused water in the fire engine's 1,000 gallon tank to shift, Branscom said.

That shift put most of the truck's weight on the front left tire, making it impossible for McCulloch to steer the truck. The investigation also found that McCulloch was driving at the posted speed limit.

Based on the findings, there is no evidence to support charges of manslaughter or reckless driving, Branscom said.

McCulloch is trained in the operation of emergency vehicles and has no moving violations on his driving record, Branscom said.

In 2002, McCulloch was charged with reckless driving while in a pickup truck registered as an emergency vehicle, Branscom said. A judge convicted McCulloch of a reduced charge of operating defective equipment.

For that, McCulloch lost his driver's license for 60 days, spent a day in jail, completed a driver improvement program, performed 48 hours of community service and paid a $100 fine.

McCulloch has not been permitted to drive since the wreck, which is standard practice in the department, Eagle Rock Fire Chief Darryl Johns said.

Now that the investigation is over, McCulloch will gradually be permitted to drive, Johns said.

Johns added that the wreck has weighed heavily on McCulloch.

"He's always been there to help people, not hurt someone," he said.

Staff writer Mike Allen contributed to this report.

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