Police identify drugs as factor in fatal box-truck crash

A state trooper identified drugs and inattentive driving as factors that led to a fatal box-truck crash earlier this year, an accident report shows.

Amelia Fisher, 17, of Glen­allen, Mo., was killed April 5 when a box truck driven by Bobby Joe Abernathy, 34, of Jackson crossed the centerline on Highway 34 in Cape Girardeau County and collided head-on with the sport utility vehicle in which she was riding.

Abernathy has not been charged with a crime at this point, but he is facing a lawsuit in connection with the crash, and a Cape Girardeau County prosecutor said an investigation into the accident is ongoing.

A Missouri State Highway Patrol crash report obtained by the Southeast Missourian lists drugs, driving on the wrong side of the road and distracted or inattentive driving as probable contributing circumstances in the accident.

According to the report, Abernathy "was inattentive by failing to maintain a single lane and traveled across the centerline into traffic." The report doesn't explain any more about why troopers suspected drugs had a role in the crash, and a call to a patrol spokesman wasn't returned Monday afternoon.

Fisher's father, Christian Fisher, filed a wrongful-death lawsuit against Abernathy and his employer, Slumberland Furniture, on April 25. The lawsuit alleges Abernathy was in possession of illegal narcotics and was "operating the box truck while in an intoxicated and/or drugged condition" at the time of the crash. A case review in that suit is set for 9 a.m. Monday.

Because of ethical rules governing prosecutors, Jack Koester, assistant prosecuting attorney for Cape Girardeau County, could not comment on when or whether criminal charges might be filed in the case.

"All I can really tell you right now is that it is still under investigation," he said. " ... There's some analysis being conducted on some of the evidence that was seized."

Koester said prosecutors have three years from the time of the crash to file charges before the statute of limitations expires.

Under state law, Class C felonies and most Class B felonies must be filed within three years. Class B felonies are punishable by five to 15 years in prison, and Class C felonies are punishable by up to seven years in prison.

According to the accident report, Erin Cordell, 18, of Marble Hill, Mo., was driving a Toyota 4Runner east on Highway 34 when the westbound box truck crossed the centerline and struck the SUV head-on.

Cordell, Abernathy and Abernathy's passenger, Eric Smith of Jackson, all were taken by ambulance to Saint Francis Medical Center after the crash, according to the report. Fisher was pronounced dead at the scene.

"I felt the van shift, and when I looked up, we were fully across the centerline. We hit the other car real hard," Smith is quoted as saying.

Jim Henderson, a truck driver from East Prairie, Mo., witnessed the accident.

He said Abernathy had his head down when he came around a curve, crossed over the centerline and nearly ran off the left side of the road, never looking up until one of his wheels touched the grass.

"I don't know if he was asleep or texting on the phone or what," Henderson said.

He said Cordell turned the SUV to the left to avoid Abernathy, but as she did so, Abernathy apparently realized he was running off the road and turned the truck sharply to the right, colliding head-on with the SUV.

"If he'd have went off in the ditch, he'd have never hit them," Henderson said. " ... When he jerked it back, the girls was right there. He was right on them."

Henderson used a fire extinguisher from his truck to put out a fire in the box truck and cool down the engine on the SUV, then helped Cordell out of the vehicle and stayed with the dying Fisher, who was pinned inside, he said.

"I hugged her neck and stayed with her," Henderson said.

After the crash, Abernathy went back to the truck and removed a cellphone and another item, Henderson said.

"He laid in the ditch, and he took the phone all apart, and he put it back together, and then he called some woman," he said.

Abernathy was not reachable Monday at a phone number listed for him on the accident report.

Attorneys for Abernathy and Slumberland did not return a phone call seeking comment Monday.

epriddy@semissourian.com

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