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U.S.-50 fatal crash trial is moved to Harvey County years ago

Driver will be charged, tried

Staff reporter

A jury trial for a truck driver charged with two counts of vehicular homicide has been dismissed without prejudice because the accident actually occurred in Harvey County, not Marion.

According to Marion County Attorney Susan Robson, a mapping error was found during preparation for the trial that was scheduled for Sept. 27 at Marion County District Court.

"The case against J.B. Miser was dismissed without prejudice because in final preparation for trial I requested another review of the map, and it was discovered that the accident occurred in Harvey County," Robson said, necessitating the trial be transferred to the appropriate county.

Investigative information is provided to Robson by state officials.

The accident occurred on the Marion-Harvey county line on a stretch of U.S.-50 that is difficult to determine county boundaries.

Miser, 62, Emporia, was charged in the May 10, 2004, accident that killed Brandi R. Billbe, 40, and Lori B. Leeders, 42, both of Marion.

The semi tractor-trailer Miser was driving failed to stop in a construction zone, and collided with the Marion women's vehicle.

Miser had pleaded not guilty to the charges.

Ironically, during a May pre-trial conference, one of the motions Miser's attorney Douglas Jones had made was a change of venue for the trial.

Robson said she knows this is a hardship for the parties involved but was glad it happened now instead of during or after the trial.

Another trial as a result of a June 28, 2004, fatal accident on U.S.-50, also was rescheduled.

Michael W. Harwick, 50, El Paso, Texas, was charged with two counts of vehicular homicide in the deaths of two men from Mexico and Canada when the semi tractor-trailer he was driving also failed to stop in a construction zone.

Hardwick's trial was set for Sept. 16, but has been continued per the request of Hardwick's attorney until Oct. 25. Robson said this accident clearly occurred in Marion County and did not anticipate any changes in venue for the case.

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