Charges could soon be filed against the driver of a recycling truck that backed into an Ohio University student between Alden Library and Ellis Hall on March 30.
Michael F. Gilbraith, 48, of The Plains, likely will be charged with improper backing, a minor misdemeanor, said Sgt. Max Norris of the Ohio State Highway Patrol.
Norris explained that the filing of charges had been delayed because of uncertainty about the injuries suffered by 19-year-old Japanese exchange student Misato Kawamura. The severity of Kawamura's injuries would determine if Gilbraith, a driver for Athens-Hocking Joint Solid Waste Management District, could be charged with vehicular assault.
Kawamura, who suffered leg and pelvic bone fractures, was listed yesterday in fair condition at Grant Medical Center in Columbus.
Roger Bail, operations coordinator for the Solid Waste District, refused to comment as to whether Gilbraith was still driving for the agency.
Norris said investigating officers took detailed measurements at the scene to determine the exact position of the truck and Kawamura.
He also pointed out that there are no specific guidelines for investigating a case of improper backing.
The Ohio Revised Code states that no person shall start a stopped vehicle until movement can be made with reasonable safety. It also states that, before backing, a driver must give ample warning and, while backing, must exercise vigilance not to injure person or property.
Norris said that the loud beeping noise that usually sounds from the vehicle when it moves in reverse was not functioning at the time of the accident.
The heavy concentration of students around the alley provided investigators with a number of sources. We had at least three eyewitness accounts within a few feet of the incident
Norris said. 17
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