Trial set for May in box-truck fatality case

The involuntary manslaughter case against a Jackson man is set for trial in May, more than a year after the box-truck crash that claimed the life of a Glenallen, Mo., teenager.

Bobby Joe Abernathy, 34, faces charges of first-degree involuntary manslaughter and second-degree assault as a result of an April 5 crash that killed 17-year-old Amelia Fisher and injured three other people, including Abernathy.

Judge Benjamin Lewis set the case for trial May 28 and 29.

Abernathy was driving a Slumberland Furniture truck west on Highway 34 when the truck crossed the centerline and collided with an eastbound sport-utility vehicle driven by Erin Cordell of Marble Hill, Mo.

The accident killed Fisher and injured Cordell, Abernathy and Abernathy's passenger, Eric Smith of Jackson.

In addition to the criminal charges, Abernathy faces civil action.

Fisher's father, Christian Fisher, filed a wrongful-death lawsuit against Abernathy and his employers in April; and last month, Abernathy's passenger, Eric Smith, filed a personal injury lawsuit against him, alleging the accident caused "serious and grievous injuries" that compromised his ability to work.

At an Oct. 11 preliminary hearing in the criminal case, Smith testified he had seen Abernathy smoking marijuana from a glass pipe several times throughout the day and Abernathy seemed to be high at the time of the crash.

Court records show Abernathy had a history of traffic violations, including a 2001 DWI, driving while suspended for points in 2003 and speeding in 1996, 2001, 2004, 2008 and 2012.

Outside the courtroom Monday, Abernathy declined to comment on the case.

Fisher's lawsuit is set for a case review Feb. 3.

Smith's lawsuit is set for a case review March 3.

epriddy@semissourian.com

388-3642

Pertinent address:

Highway 34, Cape Girardeau County, Mo.