Avila arraigned in fatal accident case
BELCHERTOWN– James Avila, 40, of Gilbertville, was arraigned in Eastern Hampshire District Court on a charge of motor vehicle homicide by negligent operation of a motor vehicle. Avila was driving the garbage truck that struck and killed Stephen F. Peters, 62, of Hardwick, last July on Church Street.
Judge Robert Sandaniello allowed Avila to be released on conditions that he doesn’t operate a motor vehicle, to turn over his passport to probation and he cannot leave Massachusetts.
A pre-trial date was scheduled for April 13 and the matter will remain in district court, according to Andrew Covington, an assistant district attorney with the Northwestern District Attorney's office.
On the day of the accident, July 20, 2017, Peters was “working in his yard [in preparation for new tenants] on Church Street when the garbage truck driver lost control of the vehicle,” according to the Northwest District attorney’s office.
Numerous callers reported the accident that day, stating Peters had been struck by a LeBoeuf garbage truck and CPR was in progress, according to Ware police logs. Witnesses said they saw civilians administering CPR to Peters on the scene before he died. The garbage truck also stuck a telephone pole, splitting the pole from the ground.
Thomas Bakey, a state police detective at the Northwest District attorney’s office, Ware Police Officer Paul Skutnick and State Trooper Michael Tucker investigated the matter, according to an account written by Bakey.
Following the accident, Avila was transported to Mary Lane Outpatient Center after sustaining non-life-threatening injuries.
On July 20, 2017, in an interview with officers, Avila said the restraint strap in the garbage truck he was driving was broken and he began route at 6 a.m. as usual.
According to court records, Avila said he had one beer the previous evening with dinner and at the time denied using drugs recreationally. Two days prior to the accident he had a tooth pulled and had been taking non-prescription Tylenol, according to court records. He said he typically only slept four hours a night and had not been sleeping very well in the days before the accident due to his tooth, according to court records. Avila also denied using his phone or being distracted by any other device prior to the accident.
On July 26, 2017, a search warrant was issued for all of Avila's blood/urine samples taken while he was at Mary Lane, according to court records. According to the report, on July 20, a State Police crime lab toxicology report found the blood was positive for cannabinoids, the urine test was positive for methamphetamines, opioids and cannabinoids, and also detected THC, and Hydromorphone.
The State Police chemist who tested the blood and urine said the substances could have entered Avila’s body up to a week prior, but the cannabinoids present in both the blood and urine were indicative of ingestion in the past 24 hours, according to court records.
On October 24, 2017, Avila was interviewed again at his residence. In this interview, he said he smoked a marijuana joint the evening before the accident around 5 p.m. with a friend while having a beer. He also admitted to having taken Vicodin on the evening he had a tooth pulled which was two days prior to the accident. He said the medication was given to him by a friend.
When interviewed about the accident, Avila told police he recalled coming to a stop at the Pleasant Street stop sign just before the collision.
He said he made a left turn and began to fall out of the truck. He said he tried to grab the steering wheel while going for the air brake, and this caused the truck to lean further to the left, after which he was ejected from the truck, according to court records.
Avila said his only explanation for falling out of the truck was the presence of both the “dip” in the pavement where Pleasant Street merges onto Church Street and a manhole cover in the intersection, according to court records.
He stated the cabin of the truck is ahead of the front wheels, and he was standing up while driving. Avila said the “feel” of driving in this manner is different than when seated and belted.
