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Grand jury declines to indict parade float driver in Texas train collision

By Steve Almasy, CNN
updated 8:49 PM EST, Wed January 9, 2013
A grand jury in Texas declined to indict the driver of a parade float involved in a deadly accident in November.
A grand jury in Texas declined to indict the driver of a parade float involved in a deadly accident in November.
STORY HIGHLIGHTS
  • NEW: Victims' attorney says trruck driver not at fault
  • No charges will be filed against driver of truck that was struck by train
  • Four veterans were killed on November 15 in the parade accident
  • NTSB has said warning system worked as it should

(CNN) -- A grand jury in Texas declined to indict the driver of a parade float involved in a deadly accident with a train during a November 15 parade, a prosecutor said Wednesday.

Four people were killed when the flatbed truck driven by Dale Andrew Hayden was struck by a train during a parade to honor the military.

Train crash witness saw 'blood all over'
Train hits parade truck, killing 4

Midland County prosecutor Eric Kalenak said the 12 members of the grand jury decided against indicting Hayden, who last month was cleared by Midland police.

Hayden was driving the last flatbed truck in the parade and was crossing the tracks when an eastbound Union Pacific train slammed into the float, killing Marine Corps Chief Warrant Officer 3 Gary Stouffer, 37; Army Sgt. Maj. Lawrence Boivin, 47; Army Sgt. Joshua Michael, 34; and Army Sgt. Maj. William Lubbers, 43.

At least 12 other people were injured.

The National Transportation Safety Board said in December that the grade-crossing warning system, which consists of a bell, lights and a gate, operated as designed, giving a 20-second warning of the train's arrival. The truck entered the crossing and the gate lowered, tipping over flag stands on the float.

The board re-created the accident as part of an investigation.

Kevin Glasheen, an attorney who represents the family of one of the soldiers killed and two people who were injured, said his clients feel Hayden is a victim.

"We believe the event was due to the short warning which we believe is cause of the accident," Glasheen said Wednesday.

Officials: Organizers of Texas parade hit by deadly crash did not apply for a permit

CNN's Joe Sutton contributed to this report.

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