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Driver charged with negligent homicide in Oklahoma wreck that killed 10

OKLAHOMA CITY  — A prosecutor filed 10 misdemeanor counts of negligent homicide against a tractor-trailer driver Monday whose rig slammed into a line of stopped cars on the Will Rogers Turnpike in far northeastern Oklahoma, killing 10 people.

Ottawa County District Attorney Eddie Wyant said he filed the charges against Donald L. Creed of Willard, Mo. Each charge carries a maximum of one year in a county jail.

The Oklahoma Highway Patrol has said the accident was caused by Creed's inattention. The patrol investigation found no evidence the 76-year-old driver tried to brake or take evasive action in the June 26 wreck.

Rob Coffey, Creed's attorney, did not immediately return a telephone call for comment.

Wyant said law enforcement would be in touch with Coffey to arrange Creed's surrender. Bond for the charges is $20,000.

Wyant said there was no indication Creed was under the influence of an intoxicant at the time of the accidents. He had said previously that unless there was evidence Creed was driving under the influence, the misdemeanor count of negligent homicide would be the likely charge.

A negligent homicide charge is used in Oklahoma in cases where a defendant fails to do something a reasonably careful person would do. In Creed's case, he was negligent and showed reckless disregard for others by failing to brake for stopped traffic, Wyant said.

The Oklahoma Highway Patrol report on the accident said it appeared that the truck's cruise control was set at about 70 mph before the accident. According to the report, while still in his vehicle, Creed asked investigators if he had hit someone.

The report also said that while at the scene, Creed "stated that vehicles had driven underneath him while he was parked." Troopers noted that "Creed had no visual obstructions" and could have seen at least 2,400 feet prior to initial impact.

The cars Creed's rig hit were stopped because of an earlier crash.

Oklahoma Highway Patrol Trooper Robert Rogers said in an arrest affidavit that Creed said he had high cholesterol and was treating this with the drug, Lipitor, and one aspirin a day. Rogers said there were indications Creed had made a cell phone that concluded eight minutes before the crash.

"It is not known why Creed did not stop, or if medical problems or inattention caused this crash," Rogers said.

Authorities said earlier that Creed had worked 10 hours straight delivering groceries in sweltering heat before the crash but that he did not exceed the federal daily driving limit.

The crash killed Shelby Hayes, 35, of Frisco, Texas; her husband, Randall Hayes, 38; their son, Ethan Hayes, 7; and Shelby Hayes' mother, Cynthia Olson, 55, of Crossroads, Texas.

Other victims were Oral Hooks, 69, Earlene Hooks, 63, Antonio Hooks, 42, and Dione Hooks, 41, all of Oklahoma City; and Ricardo Reyes, 39, and Ernestia Reyes, both of Phoenix. The Reyes' 12-year-old daughter, Andrea, was injured in the crash.

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