The defendant in the Phelps County motor vehicle homicide jury trial, testified on his own behalf late Tuesday afternoon. Andy Eickhoff was the driver of the a semi that struck a suburban about 5 miles north of Holdrege on March 28, 2023. The suburban, driven by Peggy Morten of Holdrge then veered into the opposing lane where it struck a pickup head-on. The driver of the pickup, 50-year-old Lawrence Johnson of Holdrege died shortly later at a Holdrege hospital. Eickhoff was making a return trip to Albion, where he lives, after make a delivery of hay earlier that day in southwest Kansas.
Under questioning by his Attorney John Sauder of Holdrege, Eickhoff said he observed the suburban and noted it appeared to be closing in on distance faster than normal. Then “all of a sudden it just slammed on the brakes”. He veered to the right to try to avoid a collision but, still “clipped” the right rear corner of the suburban. Eickhoff said he did not see any turn signal nor brake lights. Under later cross-examination by Phelps County Attorney Natalie Nelsen-Pacey, Eickhoff acknowledged he might have seen some brake lights just before impact. He said he was about “a school bus” length or two behind the suburban when he realized he had to take evasive action.
Eickhoff said he does not remember what happened after the collision but, the next thing he remembered was a person hitting his passenger side window asking if he was O.K. At that point, the semi had crossed the highway and came to rest in the ditch with part of the tractor into an embankment.
Earlier trial testimony suggested Eickhoff was on his phone following the accident. He said he made a call to his brother who was also traveling through the area to ask him to come to the scene. He said someone had approached him and told him 9-1-1 was already contacted to respond.
Under further questioning, Eickhoff said he did not have difficulties staying awake and was also able to observe and operate his truck in a safe manner. He said he was not distracted looking out the side windows to the right or left just prior to the accident, nor was he using his phone. He further said that he sustained a concussion in the accident, three cracked vertebrae and left shoulder issues that was repaired through surgery.
