Posted: Jan 17, 2014 5:26 PM by Adrian Pittman
Updated: Jan 17, 2014 5:26 PM
LIVINGSTON - Trial is underway for a man accused of running over a child in Watson last year.
Brad Welch, is charged with negligent homicide. Police say 6-year-old Tyler Myers had fallen from his scooter and was lying on the sidewalk when Welch turned into his driveway, running over the boy.
Welch was arrested after police said he admitted he was on his cell phone at the time and had a glass of wine earlier. But Welch's attorney said none of that factored into the accident.
"The accident was unavoidable. It doesn't make any difference or not if my client had a glass of wine. It doesn't make any difference or not if he was talking on the cell phone," said defense attorney Michael Thiel.
According to testimony from an accident reconstruction specialist, Welch's vision of the scene was obscured. There were several different factors including a three-foot-shrub, and the length of the hood of Welch's truck that blocked his view of the driveway.
"The fact of the matter is, based upon the reconstruction of his vehicle, the reconstruction of the driveway, and other physical attributes of that particular location, he couldn't have seen the child lying in the driveway," said Thiel.
The bench trial was recessed until next month because a key witness wasn't available today.