Judge: trucker guilty in toll plaza crash that killed 8 women

The Associated Press

11/29/2007

WOODSTOCK, Ill. — A Chicago truck driver was convicted Wednesday of reckless homicide for crashing his 18-wheeler into a tour bus four years ago, killing eight women.

Vincente Zepeda was also found guilty of failing to inspect and maintain his vehicle. He faces up to five years in prison. Sentencing is set for Jan. 24.

The verdict was rendered by Judge Sharon Prather, who presided over the bench trial.

Zepeda, 53, declined to comment after the verdict, but defense attorney Donald Rendler-Kaplan said he expects to appeal the decision if the judge does not reconsider.

"I truly believe the judge is incorrect in her ruling," Rendler-Kaplan said. "(The crash) was a misjudgment, a miscalculation, not a criminal act."

Rendler-Kaplan had asked Prather to toss out the charges, saying prosecutors had not proved his client failed to inspect his vehicle or at what speed he was traveling when the crash occurred.

Zepeda's rig struck the small bus from behind, causing a five-vehicle pileup on Interstate 90 at the Hampshire-Marengo toll plaza.

Prosecutors said Zepeda was driving too fast and was not paying attention to the road.

On Tuesday, McHenry County prosecutors rested their case. Rendler-Kaplan then presented his argument on Zepeda’s behalf.

An Illinois State Police trooper earlier estimated that the rig was traveling more than 60 m.p.h. through a 45 m.p.h. construction zone as he approached a plaza on what is now the tollway on Oct. 1, 2003.

Even if Zepeda's truck had been going 60 m.p.h., "that does not rise to a level of recklessness," Rendler-Kaplan said, "even though we know it had horrific consequences — there were eight lives lost."

The state may, however, have shown negligence on Zepeda's part, he said.

Assistant State's Atty. Donna Kelly called the evidence of recklessness overwhelming. "We have this man traveling at an incredibly high rate of speed through a construction zone," Kelly said.