CHARLOTTESVILLE (AP) A lawyer for a garbage truck driver charged in a deadly 2018 crash with a train carrying Republican lawmakers is challenging evidence collected by police in Virginia.
William Tanner, an attorney for Dana William Naylor Jr., filed a motion Jan. 22 asking an Albemarle County Circuit Court judge to throw out a toxicology test, news outlets reported.
Naylor was indicted on involuntary manslaughter and DUI charges in the truck-train crash outside Charlottesville that killed his co-worker Christopher Foley and injured several other people. The crash occurred at a railroad crossing as the Amtrak train was taking GOP members of Congress to a retreat in West Virginia.
Tanner is requesting a Franks hearing, which determines if a police officer lied in the process to get a search warrant that yields incriminating evidence. Tanner said a statement Naylor’s wife made to county police was incorrectly used to secure a warrant for the blood test.
A motion in response from county Commonwealth’s Attorney Robert Tracci said the state stands by the police statements and the affidavit for the search warrant.
The judge was expected to rule on the motions Jan. 30, WVIR-TV reported.
Naylor’s jury trial is scheduled to begin Feb. 25.