ALBEMARLE COUNTY, Va. (CBS19 NEWS) -- The Albemarle County Police Department says a trash truck driver has been indicted on charges connected with a fatal crash between his truck and an Amtrak train in January.
According to a release, 31-year-old Dana William Naylor, Jr., has been indicted on one count of involuntary manslaughter and one count of DUI maiming.
The Albemarle County Commonwealth's Attorney says that second charge could stem from Naylor being under the influence of some substance, not necessarily alcohol. He would not elaborate on what exactly led to the charge.
The indictments were handed up by a grand jury on June 4.
Police say Naylor was driving a Time Disposal truck in the Crozet area when the crash occurred.
Scott Goodman, a lawyer in Charlottesville, said the next steps for this case will depend on how the Commonwealth proves its case in court.
"The Commonwealth will have to show that Mr. Naylor was operating the vehicle in such a reckless manner resulting in the death that he should be found guilty of this felony," said Goodman.
He also said Naylor's defense attorney could try to lower the charge.
"It’s possible that Mr. Naylor’s attorney will be able to argue that this doesn’t rise to the level of felony perhaps get the charge reduced to reckless driving," he said. "That’s going to be what I’m sure what avenue the defense lawyer will explore to perhaps lower the severity of the charges."
Goodman also said Naylor could face up to 10 years in prison for the involuntary manslaughter charge and five years in prison for the DUI maiming charge.
The National Transportation Safety Board issued a report in February that said the truck tried to cross the railroad tracks after the warning gates had already come down.
There were two passengers in the truck at the time of the crash, one of whom, Christopher Foley, died of injuries he sustained.
The other passenger also suffered serious injuries but has since recovered.
The train was carrying Republican members of Congress on their way to a retreat in West Virginia when the crash occurred.
Naylor has not been arrested as the charges against him are still pending. He is not considered a fugitive.