EXCLUSIVE: Float Driver's Attorney Responds to Grand Jury's Decision 1/9/12
CBS 7 News
January 9, 2013
Midland, TX - After one of the most tragic events in West Texas history many eyes looked to Dale Andrew Hayden the driver of the flatbed truck that was hit by a train in November during a parade, killing four war veterans.
The Grand Jury met Wednesday to decide if Hayden intentionally put these veterans and their families in harm's way.
“I can guarantee you that it was not presented to The Grand Jury until all the facts and all the evidence of this case was looked at,” said Midland County District Clerk Ross Bush confirmed the Grand Jury's decision that no charges will be filed.
“It’s a no bill which means his situation is over with,” Bush said, “It’s done and there will be no indictment.”
“We are glad to have this behind us,” said Hayden's attorney Hal Brockett who told his client the good news.
“There was no evidence of criminal negligence,” he said, “I'm embarrassed to say that we are relieved, because I don't think it was a matter that needed to be taken to The Grand Jury.”
Brockett says the fatal crash was the most traumatic event in his client's life, even more difficult than what he experienced in Iraq and Afghanistan tours.
“My client is going through a great deal of emotional distress,” he said, “I don't say that to minimize the loss that these people suffered.”
He says from a criminal standpoint its over, but there are many civil lawsuits that await.
“You can't undo what's been done,” he said, “You can only hope to move forward and hope things get better for everyone who is involved.”
The Attorney says Hayden is back to work, he adds that things will never be the same for his client, but they are trying to get back to normal.
Two lawsuits have been filed against Union Pacific since the crash.
The more recent lawsuit was filed last month by one of the widows who lost her husband in the crash. Catherine Stouffer claims Union Pacific was negligent for failing to maintain a safe crossing.
She is seeking unspecified damages from Union Pacific and Dale Hayden’s employer Smith Industries.