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Midland County Grand Jury Delays Report On Midland Train Tragedy

By: Marianne Elisak
Updated: March 6, 2013
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MIDLAND -- A Midland County grand jury is postponing the release of its report on the Midland train tragedy until April 3rd.

    The grand jury was expected to release a report on the fatal November 15, 2012 crash during their court session on Wednesday.

    However, Eric Kalenak of the Midland County District Attorney's Office says the grand jury has decided to hold off on the release of the report so that jurors could spend more time reviewing evidence and information.

    Four military veterans were killed -- and 17 other people were injured -- when a Union Pacific freight train plowed into a Smith Industries flatbed trailer near the intersection of West Front Street and South Garfield Street.

    The flatbed trailer was carrying 12 military veterans, their 12 wives and 2 escorts from downtown Midland to the Show of Support banquet at the Midland County Horseshoe Arena when tragedy struck.

    The City of Midland has determined that the Show of Support Parade that the flatbed trailer was involved in operated without a permit.

    Now, the Midland City Council is looking to beef up their parade permit ordinances.

    The grand jury has already met on January 9th and February 6th.

    During the January 9th meeting, grand jurors decided not to recommend that criminal charges be filed against Dale Wayne Hayden.

    Hayden, 50, was driving the flatbed trailer that was struck by the train.

    During the February 6th meeting, the grand jury listened to presentations from Midland City Attorney Keith Stretcher, Midland Mayor Wes Perry and Midland County Judge Mike Bradford.

    While no criminal charges have been filed in the aftermath of the incident, several victims -- and the families of deceased victims -- have filed or joined in various civil suits against Union Pacific Railroad and Smith Industries.

    Union Pacific recently filed motions in civil court that seek to name the City of Midland, Midland County and the Show of Support Organization as responsible third parties in the fatal cash.

    Union Pacific is claiming that the 3 entities named in the motions failed to exercise proper care leading up to the Show of Support Parade.

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