Sherry Matthews Editor
September 16, 2013
A Sampson County grand jury has indicted a former Roseboro-area truck driver who was charged with striking and killing a Union Elementary student just after she exited a stopped school bus back in April near her home on Delway Highway.
On Monday, the grand jury handed up indictments of second degree murder, felonious passing a stopped school bus, felonious hit and run and driving while impaired against Johnny Allan Spell.
A trial date has not yet been set, said District Attorney Ernie Lee, noting that the defendant is presumed innocent unless proven guilty beyond a reasonable doubt.
Spell, of 192 Bud Spell Lane, Roseboro, is accused of passing the school bus while driving a logging truck, striking 7-year-old Alyiah McKenzie Morgan and continuing on its southbound path.
Tips assisted N.C. Highway Patrol troopers in locating the log truck and its driver on Hayne Stretch Road later in the afternoon of April 23.
The incident happened around 3:30 p.m. on U.S. 421 near Herring Road
A Union Elementary kindergartner was struck and killed by an 18-wheeler late Tuesday afternoon as the child was exiting a school bus stopped near her home on Delway Highway.
The truck, N.C. Highway Patrol Trooper Bryan Smith said, passed the stopped school bus on U.S. 421 near Herring Road around 3:30 p.m., struck the child, and then continued on its southbound path.
Tips assisted troopers in locating the log truck and its driver later in the afternoon on Haynes Stretch Road
Spell was charged with felony hit and run, involuntary manslaughter, felony passing a stopped school bus and driving while impaired. N.C. Highway Patrol Trooper Bryan Smith said it was not alcohol, but some other substance, which was involved, but he declined to comment on what that substance might have been.
He did say, however, that because there was impairment, the district attorney could add additional charges at any time.
“This is still under investigation,” Smith said back in April.
He and fellow troopers leveled the initial charges against Spell after he was apprehended at the home of the truck’s owner, Ricky Lewis
The truck Spell was driving was owned by Ricky Lucas.
According to Sampson County Detention Center reports, Spell remains in jail under the $200,000 bond leveled at the time of his arrest.