Attorneys made opening statements Monday afternoon in the motor vehicle homicide jury trial in Phelps County Court of 33-year-old Andy Eickhoff of Albion. The case stems from a March 28, 2023 accident on Highway 183 about 5 miles north of Holdrege. A northbound semi, driven by Eickhoff, struck with the rear of a northbound suburban driven by Peggy Morten. It caused the suburban to go into the opposite lane and collide head-on with a southbound pickup. The driver of the pickup, 50-year-old Lawrence Johnson of Holdrege, later died at a Holdrege hospital. Eickhoff is charged with misdemeanor Motor Vehicle Homicide and Careless Driving.
In opening statements, Phelps County Attorney Natalie Nelsen-Pacy told jurors that “the charge of motor vehicle homicide doesn’t mean that the defendant intended to kill Lawrence Johnson or anyone else that day”. But, she said the evidence will show that Eickhoff “operated his semi carelessly”. And that in do so, “he failed to observe Peggy Morten slowing down in front of him” and coming to a stop to make a left turn. Nelsen-Pacey said Eickhoff “failed to keep a proper lookout, he failed to slow his semi in a way to avoid crashing into the back of her vehicle and his behavior in doing all of that…caused the death of Lawrence Johnson”.
Defense Attorney John Sauder of Holdrege, said that Eickhoff was working that day, delivering a semi load of hay from Albion to Garden City, Kansas. Sauder said Eickhoff was on his return trip when it took a tragic turn and the accident happened. Sauder said Eickhoff stopped on the way down to Kansas because it was foggy and he didn’t want to drive in the fog on his way to make the delivery. Sauder says it was “an action of someone who, rather than being careless, is looking out for the well-being of not only himself but, others on the road”.
Sauder says that as Eickhoff was traveling north of Holdrege, at some point he “notices the suburban getting dangerously close to him”. Sauder said Eickhoff tries to avoid a collision by veering to the right but, “unfortunately” not everything can be done in such a short period of time” and ends up of clipping the back-right bumper of the suburban.
Sauder asked jurors to pay attention to the evidence and keep an open mind.
Thirteen exhibits of evidence were entered by the prosecution, among them were an accident report, photos of the accident scene and witness statements at the scene. Five witnesses were called to the stand by Nelsen-Pacey and Deputy Phelps County Attorney Lydia Davis. They included Trooper Theodore Sanko, the first law enforcement officer on the scene; Peggy Morten, the driver of the second vehicle involved; three passers-by to the accident scene: Dan Killough, Nicholas Weides and Cody Kelly.
A jury of four women and four men are hearing the case. Two are alternates with six of them to decide the case at the end of trial.
The jury trial continues today and is expected to conclude tomorrow on Wednesday.
